ONTARIO – Settlement – Settling parties must immediately disclose a partial settlement if the settlement changes entirely the litigation landscape in a way that significantly alters the dynamics of the litigation. Failure to do so is an abuse of process for which a stay of the action against the non-settling defendants is the remedy.
Continue readingCase #0130E – Clayton v. Canada (Attorney General)
ONTARIO – Arbitration – Scope of Court review under s. 34 of the Commercial Arbitration Code, Schedule I to the Commercial Arbitration Act, R.S.C. 1985, c. 17 – Review is not an appeal and is expressly limited to “true jurisdictional questions” and does not include court review of the reasonableness or correctness of the arbitral award.
Continue readingCase #0129D – RH20 North America Inc. v Bergman
ONTARIO – International Arbitration – Where a party to an arbitration agreement seeks substantive relief in court proceedings, that party breaches the negative obligation not to litigate the arbitration agreement. Such a breach is a waiver of the right to arbitrate, which renders the arbitration clause inoperable. – Article 8(1) of the Model Law – International Commercial Arbitration Act, 2017.
Continue readingCase #0128D – Binscarth Holdings LP v. Grant Anthony
ONTARIO – Partnerships – Derivative Action – A derivative action is an extraordinary remedy. Limited partners may be granted leave to bring a derivative action on behalf of the Limited Partnership (“LP”) against the General Partner (“GP”) if: 1) The GP will not bring the action, 2) The applicant is acting in good faith, 3) it appears to be in the best interests of the corporation, and 4) There is no alternative adequate remedy.
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