Corporate and Commercial Disputes Corporate and Commercial Disputes

Salewski v. Lalonde: Characterizing an order as final or interlocutory where limitations periods were argued

In Salewski v. Lalonde, the Court of Appeal for Ontario held that an order dismissing a motion to strike a claim based in part on limitations periods...

Mars Canada Inc. v. Bemco Cash & Carry Inc.: No Appeal to the Divisional Court from order where reference directed on damages

In Mars Canada Inc. v Bemco Cash & Carry Inc., the Ontario Divisional Court held that it did not have jurisdiction to hear an appeal where the...

R. v. P.G.: Court of Appeal for Ontario holds that Crown must explicitly invoke curative proviso

In R. v. P.G., the Court of Appeal for Ontario held that the Crown must explicitly invoke the curative proviso in subparagraph 686(1)(b)(iii) of the...

Supreme Court of Canada confirms the validity of perpetual contracts

In a ruling dated July 28, 2017, a majority of the Supreme Court of Canada affirmed the validity of perpetual contracts in Québec law.

Recent amendments to the Ontario rules of appellate practice

Amendments to the Ontario Rules of Civil Procedure came into effect on July 1, 2017. In addition to a number of technical amendments and amendments...

Biancaniello v. DMCT LLP: Interpretation of negotiated contract reviewed on a correctness standard because appeal raised question of public importance

In Biancaniello v. DMCT LLP, the Court of Appeal for Ontario applied the correctness standard of review on an appeal involving the interpretation of...

Supreme Court clarifies test for personal liability of directors for oppressive conduct

In its decision released today in Wilson v Alharayeri, the Supreme Court of Canada affirmed the test as to when liability may be assigned to...

The Court of Appeal confirms that the franchisor’s duty to inform can extend to third parties

In the case of Camions Daimler Canada ltée c. Camions Sterling de Lévis inc., 2017 QCCA 798, the Court of Appeal confirmed that the duty to inform...

The importance of signing a proper franchise agreement

The case of Duchesneau c. Gestion Milsa inc., 2017 QCCS 1593 serves as a reminder of the importance of signing a franchise agreement before starting...

The Jordan framework applies to contempt of court proceedings in civil matters

In St-Amour v. Major, the Superior Court decided that the new framework defined by the Supreme Court in R. v. Jordan regarding the right to a trial...