Corporate and Commercial Disputes Corporate and Commercial Disputes

Key decisions in 2020 impacting hospital privileges and the conduct of administrative proceedings

As we enter another year of unique challenges for hospitals and health care organizations, we review below key decisions made in 2020 which impact...

Wastech and discretion: The Supreme Court of Canada on the duty to exercise contractual discretion in good faith

In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in...

Ontario Superior Court recognizes new cause of action addressing internet harassment

In Caplan v. Atas (Caplan), Justice Corbett took the extraordinary step of recognizing a new common law tort of internet harassment in response to an...

New Rules of the Supreme Court of Canada for 2021

Effective January 27, 2021, amendments to the Rules of the Supreme Court of Canada (Rules) and the Guidelines for Preparing Documents to be Filed...

Ontario Court of Appeal applies “anti-SLAPP” framework to dismiss negligence claim

The Court of Appeal for Ontario has just released a pair of noteworthy decisions on Ontario’s anti-SLAPP legislation.They...

Honesty is the best policy: The Supreme Court of Canada seeks to clarify the duty of honest contractual performance

Don’t mislead your contracting counterparties about matters linked to the performance of a contract. That is the apparently simple message from the...

Litigating during COVID-19 and other notable litigation developments in 2020

In March 2020, the COVID-19 pandemic forced many courts and tribunals to shut their doors. This article highlights a number of the changes and...

Force majeure clauses: Contractual risk allocation and the COVID-19 pandemic

Owing to the COVID-19 pandemic, the force majeure clause has entered what will hopefully be its only heyday.

2020 Legal Year in Review – Introduction

Without a doubt, 2020 has been a year like no other. Inevitably, the COVID-19 pandemic and its effects is a theme that flows through many of the...