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C.M. Callow Inc. v Zollinger: The Supreme Court of Canada clarifies the duty of honest contractual performance
In C.M. Callow Inc. v. Zollinger[1], the Supreme Court of Canada clarified the scope of the duty of honest performance in connection with the exercise of a seemingly unrestricted termination clause in a contract. In doing so, the Court affirms...
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Bill 41 and proposed changes to Alberta’s Insurance Act
The Lawyers Daily
Authored by Tessa Green, Miller Thomson Associate This year has brought many changes and in keeping with that theme, the government of Alberta introduced significant amendments to the Insurance Act through Bill 41, the Insurance (Enhancing Driver Affordability and Care)...
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Adam Stephens quoted in Canadian Baseball Hall of Fame and Museum announcement
"Canadian Baseball Hall of Fame and Museum announces new Chair and Board for 2020-21"
The Canadian Baseball Hall of Fame and Museum (CBHFM) is pleased to announce its 2020-21 Board of Directors, including the appointment of Jeremy Diamond, CEO of Myseum of Toronto, as Board Chair for a four year term. “Jeremy is an...
COVID-19 : La Cour fédérale du Canada ordonne la reprise d’un procès à distance
Pendant la pandémie de COVID-19, l’incertitude entourant la durée de l’état d’urgence sanitaire et la reprise des activités judiciaires a forcé les tribunaux canadiens à s’adapter. La décision Rovi Guides, Inc. v. Videotron Ltd.[1] (disponible en anglais seulement) donne un exemple...
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Jeremy Sacks quoted in The Lawyer’s Daily article on provincial trusts in insolvency proceedings
The Lawyer's Daily, "Ontario court clarifies when provincial trusts will be upheld in insolvency proceedings"
Ontario contractors have often been out of luck to collect monies owed to them during insolvency proceedings, despite provincial legislation that ensures that doesn’t happen. Under subsection 9(1) of Ontario’s Construction Act, when an owner sells a property and trade contractors...
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Paul Morrison quoted in Global News on class action lawsuits
Global News, "Canadians don't often claim class action money, but they do from the RCMP. Why?"
Over a thousand women are expected to file claims in the second $100-million sexual harassment class action leveled against the RCMP in recent years. This new class action and settlement, which covers volunteers, municipal and contract employees who worked in conjunction with the Mounties, was...
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James Zibarras quoted in Law Times on the expansion of the tort of malicious prosecution
Law Times, "Lawyer wins appeal in lawsuit with paralegal"
A lawyer was not responsible for maliciously prosecuting a paralegal accused of stealing client files, the Court of Appeal of Ontario said, overturning a lower court’s ruling. Read the full article.
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Paul Morrison quoted in PaRR Global article on Canadian SSA bond-fixing litigation
PaRR Global, "Canadian SSA bond-fixing litigation expected to be certified then settle, lawyers say"
This article is reproduced with permission from PaRR Global, an Acuris company. The article discusses the Mancinelli v. Bank of America case, a $1.25 billion CAD lawsuit likely to be certified as a class action in which several banks are...
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Questioning Service Providers to Corporations: Recent Decision on the Operation of Rule 5.18
In Alberta, litigants are limited in their ability to question those who are not parties to the litigation. However, Rule 5.18 of the Alberta Rules of Court creates an exception that allows parties to question those who provide services to...
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The Hidden Costs of Enforcing Letters Rogatory in Ontario and How to Avoid Them
The Basics You have a small proceeding going forward in the Southern District of New York. Unfortunately, one of the main witnesses lives in Toronto, along with her papers. You would like to depose her and get copies of her...
