ONTARIO – An arbitration clause did not require specific steps before arbitration could be commenced. Therefore, the limitation period began to run when one side informed the other that they would not enter into further negotiations.
Continue readingCase #034D – Parekh et al v. Schecter et al
ONTARIO – Court grants interlocutory injunction enforcing non-competition and non-solicitation covenants contained in a Dentist Associate Agreement related to the sale of a business, preventing the associate of dental practice from i) practicing within a 5 km radius ii) from soliciting clients and iii) from using confidential patient information from the purchased business.
Continue readingCase #033D – MacBryce Holdings Inc. et al. v Magnes Partnership et al.
ONTARIO – An “Estimate of Fair Market Value” clause of a Shareholders Agreement was held to provide for an arbitration, not a valuation, even though the nominee had to be a chartered accountant. The arbitrator, not the Court, should determine the valuation date. If the parties could not agree on the selection of the arbitrator, the Court will do so.
Continue readingCase #032E – Cineplex v. Cineworld, 2021 ONSC 8016
ONTARIO – A contract for the purchase of Cineplex was enforceable despite the COVID pandemic due to the exclusion of “outbreak of illness” in the material adverse effect clause. Cineplex did not breach its covenant to conduct business in the ordinary course. Expectation damages of more than $1.2366 billion were awarded to Cineplex for Cineworld’s refusal to complete the transaction.
Continue readingCASE #031E – Berthault v. Green Urban
ONTARIO – Arbitration and Certificates of Pending Litigation(“CPL”) – The Court has jurisdiction to authorize the issuance and registration of a CPL even if the underlying dispute must be resolved through arbitration pursuant to agreement between the parties.
Continue readingCase #030E – Sicotte v. 2399153 Ontario Ltd. et al.
ONTARIO – A lender’s right to enforce a mortgage debt owing is not hampered by the lender’s postponement agreement with another lender that would have delayed enforcement for over 20 years. The motions judge erred by failing to distinguish between “owing” and “enforceable”. The more unreasonable the result of a case the more unlikely it is that the parties can have intended it.
Continue readingCASE #029D – Alberta Cricket Association (“Association”) v. Alberta Cricket Council et.al. (“Council”)
ONTARIO – Where an Arbitrator failed to provide adequate reasons for the award, the Superior Court set aside the Award pursuant to s. 38(1) of the Arbitration Act, 1991 and directed that a new arbitration proceed before another arbitrator.
Continue readingCASE #028D – Ruparell v. J.H. Cochrane Investments Inc. et. al.
ONTARIO – ONCA confirms that a valid contract exists if the parties have agreed with certainty as to the essential terms of the contract, even if the formal written agreement was not entered into by the parties.
Continue readingCASE #027D – Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company
ONTARIO – ONCA – A contracting party is not required to correct a misapprehension to which it has not contributed, and this is not a breach of the duty of good faith.
Continue readingCASE #026E – McGuire v. Dejong and Coldwell Banker
ONTARIO – An employee of a real estate brokerage, who, to the knowledge of the broker was not registered under the Real Estate and Business Brokers Act, (“REBBA”), was not entitled to recover agreed remuneration from the brokerage, either in contract or by quantum meruit, notwithstanding that the brokerage earned over $600,000 in commissions as a result of the employee’s work’ due to the prohibition in s.9 of REBBA.
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