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.
Continue readingCase #0127E – Tehama Group Inc v. Pythian Services Inc.
ONTARIO – Arbitration – Jurisdiction – International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5 (“the ICAA” – Model Law on International Commercial Arbitration, (“the Model Law”) Article 34 – Where parties agreed that an international arbitration relating to a particular dispute under their agreement would take place in Ontario under Ontario law, an application to set aside that arbitration award must be made to the Ontario Superior Court, despite a forum selection clause in the parties’ agreement that selected the Courts of the State of New York for the resolution of all other disputes.
Continue readingCase #0126E – Campbell v. Toronto Standard Condominium Corporation No. 2600
ONTARIO – Arbitration – Meaning of “fraud” in ss. 46(1)9 and 47(2) of Arbitration Act 1991, S.O. 1991, c. 17 (“the Act”) – Application to set aside an arbitral award on the basis that it was obtained by “fraud” must show evidence of actual fraud not “constructive fraud”. The 30 day time limit for an appeal or an application to set aside an arbitral award under s. 47(2) is not extended by evidence of “constructive fraud”.
Continue readingCase #0125M – Preiano v. Cirillo
ONTARIO – Appeals – Standing – Where a party’s non-lawyer representative was permitted to represent the appellants and make submissions on their behalf at trial, and no challenge was brought either prior to or during the trial, it was an error for the trial judge to strike the appellants’ statement of defence based on a lack of standing. The trial judge had discretion under Rule 2.03 of the Rules of Civil Procedure to dispense with compliance with the Rule 15.01(1) requirement that the appellants be represented by a lawyer.
Continue readingCase #0124M – 1284225 Ontario Limited v. Don Valley Business Park Corporation
ONTARIO – Appeal – Standard of Review – Contractual Interpretation – Absent error, the application judge’s interpretation of a contract is owed considerable appellate deference and is reviewable on a standard of “palpable and overriding error”.
Continue readingCase #0123D – Yatar v. TD Meloche Monnex and Licence Appeal Tribunal et al
CANADA – ONTARIO – Administrative Law – Judicial review is available for matters not covered by a statutory right of appeal. Judicial review is available to challenge allegedly unreasonable or procedurally unfair decisions of administrative tribunals despite a limited statutory right of appeal on questions of law.
Continue readingCase #0122D – Pacific Atlantic Pipeline Construction Ltd. And Bonatti S.p.A v. Coastal Gaslink Pipeline Ltd.
ALBERTA – Injunction – There are limited circumstances in which an injunction can be used to stop a beneficiary from drawing on an Irrevocable Letter of Credit. A strong prima facie case is required.
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