Corporate and Commercial Disputes Corporate and Commercial Disputes

Avery v. Pointes Protection Association: Standard of Review on Test for Leave to Appeal to Divisional Court is Same as Standard Applied if Leave is Granted

In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal, the Court...

R. v Shafia: Court of Appeal Applies Stringent Standard for Admitting Fresh Evidence Challenging Jurisdiction of Trial Court

In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court...

Defining industry-specific contractual terms: Supreme Court of Canada revisits principles of contractual interpretation

The Supreme Court of Canada’s decision in Sabean v Portage LaPrairie Mutual Insurance Company affirms that the proper approach to contractual...

Skunk v Ketash: Order Dismissing Summary Judgment Motion is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on...

Enerzone Inc. v. Ontario (Revenue): Order refusing to dismiss an appeal without disposing of substantive issues was interlocutory

In Enerzone Inc. v. Ontario (Revenue), the Ontario Court of Appeal quashed the Minister’s appeal on the basis that the motion judge’s order was...

Known unknowns: Ontario Court of Appeal provides guidance on discoverability in potentially contaminated lands cases

The Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction that provides guidance...

Significant Amendments to the Rules of the Supreme Court of Canada

On January 1, 2017, the Rules Amending the Rules of the Supreme Court of Canada, SOR/2016-271 (the “Amendments”) and the Guidelines for...

Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law

In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing...

R. v. Pahl: Determining a Sentence’s Fitness on Appeal

In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit...