ONTARIO – Application for Leave to Appeal of Arbitration Award – Section 45(1)-(2) of Arbitration Act – Leave to appeal refused where there were no errors of law by the arbitrator and the arbitration agreement stated that the arbitrator’s decision was final.
Continue readingCase #0147D – Sociedad Concesionaria Metropolitana de Salud S.A.
Ontario – Arbitration – Recognition and Enforcement Application in Ontario of an Italian Arbitral Award against a non-party was temporarily stayed on the basis of forum non conveniens pending the outcome of an Italian court proceeding on whether the Respondent (not a party to the arbitration) assumed liability under the foreign arbitral award.
Continue readingCase #0146M – Alyousef v. Alyousef, 2026 ONCA 78
ONTARIO – Partnership Agreement – The existence of a partnership is fact specific. The indicia of a partnership include contributions of money, property, effort, knowledge, skill or other assets to a common undertaking, a joint property interest in the subject-matter of the adventure, the sharing of profits and losses, a mutual right of control or management of the enterprise, the filing of income tax returns as a partnership and joint bank accounts. If sufficient indicia of a partnership are present, a partnership may exist based on an oral agreement.
Continue readingCase #0145D – Hilmer Motorsport GmbH v Mason
ONTARIO- ARBITRATION-Enforcement & recognition of a foreign judgment-Real & Substantial Connection Test.
Continue readingCase #0144M – Shah v. 625 Sheppard Bayview Village GP Inc.
ONTARIO – Arbitration – Costs – Subsection 15(c) of the Tarion Addendum to an agreement of purchase and sale (APS) changes the costs regime imposed by s. 131 of the Courts of Justice Act and the Rules of Civil Procedure (“RCP”). The general rule of costs following the event under the RCP does not govern and purchasers are presumed entitled to their costs regardless of the outcome of the arbitration. The arbitrator may only deviate from the presumption that the vendor pays the arbitrator’s fees and disbursements and the reasonable fees and disbursements of the purchaser for just cause.
Continue readingCase #0143P – Coscarella Dentistry Professional Corporation v. Harvey
ONTARIO – Contract law – Contracts – Breach of Contract – Duty of Good Faith, Conversion, Breach of Confidence, Breach of Fiduciary Duty – Non-competition covenants — Torts — Independent Contractor Agreements.
Continue readingCase #0142E – 2730453 Ontario Inc. v. 2380673 Ontario Inc.
ONTARIO – Oral Contracts for Sale of Land – Doctrine of Part Performance – Statute of Frauds, s. 4 — When a buyer and a seller of land make an oral agreement for sale, the exception to section 4 of the Statute of Frauds applies if the claiming party proves that 1) all elements of the contract were agreed or acquiesced, 2) substantial steps taken to carry out the transaction making it inequitable to allow the other party to rely on the absence of a written agreement, and 3) there is some evidence of detrimental reliance, which may include the enforcing party’s inability to acquire the property — Trial judge’s finding that doctrine of part performance applies is subject to deference on appeal.
Continue readingCase #0141M – TSCC No. 2707 v. 612 Richmond Street West Inc. et al
ONTARIO – Arbitration – Enforcement – Where none of the conditions in s. 50(3)(a) to (d) of the Arbitration Act, 1991 are present, the court is required to grant judgment enforcing the award. Issues between co-respondents to an application for enforcement under s. 50 of the Act that do not engage with the questions listed under subsections 50(3)(a) to (d) are not relevant to the application.
Continue readingCase #0140D – 340268 Ontario Limited v Georghiades and Georghiades v Georghiades
ONTARIO – Interlocutory Remedies – Appointment of a Monitor in an action for relief from oppression – Ontario Business Corporations Act, s. 161 and Courts of Justice Act, s. 101 – The stringency of the test depends upon the precise nature of the role and mandate of the proposed court-appointed monitor.
Continue readingCase #0139D – Anthony v Binscarth Holdings GP Inc.
ONTARIO – LIMITED PARTNERSHIPS – Limited partners have protection from the liabilities of a limited partnership; in return, they are entitled to payment of their share of the limited partnership’s profit upon dissolution. They do not have a right to distributions until the dissolution.
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