Key Takeaways From 2023 Appellate Decisions

For 2023, our annual summary of key Supreme Court of Canada and Ontario appellate cases with commercial implications includes:

• Reframing of the public benefit test for adverse possession
• Assessing whether the contents of an employer's investigation report are protected by the doctrine of "qualified privilege"
• Guidance on piercing the corporate veil and the oppression remedy
• Direction on when the duty of good faith may include a duty to inform
• Clarification of the presumption of loss in a breach of the duty of honest performance
• Clarity about when the normal measure of damages is presumptive
• Consideration of the presumption of consistent expression in contractual interpretation