145 results found

The Ultimate Issue Rule, the common law principle which prohibited litigants from leading opinion evidence on the ultimate issue before the court, has long since been relaxed.

In Schickedanz v. Wagema Holdings Limited, 2023 ONSC 7219, the Ontario Superior Court of Justice dismissed an appeal of an arbitrator's costs award.

In Toronto Standard Condominium Corporation No. 2299 v. Distillery SE Development Corp ("Distillery SE"), 2024 ONCA 712, the Ontario Court of Appeal considered the issue of whether a party could appeal a court order appointing an arbitrator, ...

The judicial preference for holding parties to arbitration agreements is well-documented. Where the parties have agreed to arbitrate and the dispute falls within the arbitration agreement, a court will generally stay proceedings in favour of arbitration and leave to the arbitrator any challenge to the arbitrator's jurisdiction.

It is well established law that builders lien actions in British Columbia are special cases that require expeditious prosecution.

In Sundance Development Corporation v. Islington Chauncery Residences Corp., 2023 ONSC 5239, the Ontario Superior Court of Justice considered repudiation (broadly, the law applicable in cases...

In March 2025, we wrote about the Ontario Superior Court's decision in Baker v. Van Dolder's Home Team Inc., a case that appeared to signal a significant shift in Ontario employment law. At the time, the Court held that a termination clause permitting an employer to terminate employment “at any time” was inconsistent with the Employment Standards Act (“ESA”),[2] rendering the employer's entire termination regime unenforceable, and entitling its employees to common law reasonable notice, regardless of the reason for their termination.

Statutory adjudication in Ontario has, since its introduction, generated a meaningful body of case law.

In Song, two individuals were in a contract dispute in mainland China with respect to a share purchase agreement, which dispute was referred to arbitration.

Carillion plc, the UK parent company of Carillion Canada, commenced insolvency proceedings in early 2018, which in turn precipitated Carillion Canada's CCAA proceedings.

It is not uncommon for construction contracts, in Canada and abroad, to contain both a limitation of liability clause and a contractual right of set-off. It is an issue of some uncertainty...

Large construction disputes are regularly resolved privately through contractually-mandated or subsequently-agreed upon processes, including arbitration, dispute boards, mediation, and even structured negotiations.

Much has been written about Aroma Franchise Company Inc. et al v Aroma Espresso Bar Canada Inc. et al, 2023 ONSC 1827 ("Aroma") since its release in March of 2023...

It is not uncommon, in circumstances of a breach of trust claim under the Construction Act, for the claimant to also advance the claim against the officers and/or directors of the defendant corporation on the basis that they assented to, or acquiesced in, conduct that he or she knew or reasonably ought to have known amounted to breach of trust by the corporation.

While the court's guidance, discussed below, should be carefully considered by lawyers and litigants, it also raises a number of further questions.

It is well established that parties seeking to set aside an arbitral award for a breach of natural justice face significant hurdles. In CVV & 10 Ors v CWB ("CVV").

The Ontario Superior Court's recent decision in Arad Incorporated v Rejali et al, 2023 ONSC 3949 ("Arad") provides helpful guidance on motions for the return of posted security in circumstances...

In BizTech v Accreditation Canada, 2025 ONSC 2689 ("BizTech"), the Ontario Divisional Court has offered rare guidance on the relationship between judicial review...