The recent decision of C.M. Callow Inc. v. Zollinger, 2020 SCC 45, by the Supreme Court of Canada, has expanded the duty of good faith in the performance of contracts, by broadening the types of conduct that can lead to a finding of a breach of that duty.
The way in which legal research is conducted has evolved significantly in the past few decades with the advent of vast online directories such as Westlaw, LexisNexis, and CanLII. However, the process remains time-consuming, costly, and demanding, given the increasing complexity of the law and volume of information that must be gathered and synthesized. To address these challenges, new legal software products have been developed which apply artificial intelligence and machine learning to the process of legal research.
This blog focuses on the significant impacts that commercial landlords and tenants are facing and explores the difficult considerations that the court may have to make in determining how to allocate losses that both commercial landlords and tenants are inevitably experiencing during this time.
Given the unprecedented disruption wrought by COVID-19 in Ontario and around the world, both employers and employees may be asking themselves the following questions: 1. what is the difference between a layoff and being dismissed?; 2. does an employer have a statutory or common law right to lay off an employee absent a contractual provision explicitly or implicitly permitting layoffs to take place?; and 3. can an employee claim that a “layoff” is really wrongful dismissal and seek damages?
This blog is intended to provide a brief overview of force majeure clauses and the equitable principle of frustration of contract and their potential applicability to the COVID-19 pandemic.
One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation.
Courts are generally loath to permit “execution before judgment”. The simple reason is that a plaintiff has not yet proven their case against the defendant. Tying up a defendant’s assets pending a trial that may be a couple years away may cause an inequitable result if the defendant is ultimately successful in showing that a plaintiff’s claim is unmeritorious. The freezing order could also make the defendant unable to defend itself or result in a “forced” settlement on terms that the defendant would not have otherwise agreed to.
It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone. In this case the Court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case.
How do we know when someone has died? This question has been the subject of debate in Western societies since at least the eighteenth century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. Historically, the conception of the moment of death was largely based upon cessation of a person’s breathing and heartbeat. However, in recent years most countries have accepted that “brain death” is an additional basis upon which to define death.
Technology has both lessened and increased people’s ability to stay anonymous in society. Sometimes that anonymity has necessitated the application of old legal and equitable doctrines to new legal problems.