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  • Article

    Successfully Upheld A Motion Judge's Decision To Use The Court's Powers When Overseeing A Receivership To Assign An Insurance Contract Subject To A Consent Requirement For Assignment

    Successfully responded to an appeal in the Alberta Court of Appeal (Export Development Corporation v MNP Ltd, 2025 ABCA 25 (CanLII)). The appellant sought to set aside the court at first instance's decision...
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Guttin: A Reminder Not To Overreach

    Litigants sometimes believe they must allege maximal goals if they are going to achieve their actual objective. If you needed a fresh caution against overreaching, the costs ruling in Guttin v. Creber, 2026 ONSC 4507, delivers it. After an oppression dispute involving B Con Engineering Inc. and BCE Realty Ltd., the Ontario Superior Court fixed costs against the notionally successful applicants. This was because, despite the applicants’ limited success on disclosure and sale process issues, their big ticket allegations and remedies did not land.
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Proving A Handwritten Codicil When Suspicious Circumstances Arise

    Handwritten codicils to wills can be valid. But when suspicious circumstances exist, the onus shifts to the party seeking to prove the codicil. The proponent must prove, on a balance of probabilities, that the testator knew and approved the document and had testamentary capacity at signing.
    CanadaFamily and Matrimonial
    CP LLP
    CP LLP
  • Article

    Efficient Mortgage Enforcement, Meet The Ontario Civil Court System

    A mortgagor has been in default for months. The mortgage lender has acted in good faith and accepted at face value the borrower's explanations and plans to either bring the mortgage back into good standing or find alternate financing.
    CanadaFinance and Banking
    CP LLP
    CP LLP
  • Article

    Don't Sign If You Don't Know What You're Signing

    The recent Court of Appeal decision, Bank of Montreal v. Utility Engineers Corporation et al., 2025 ONCA 311 ("Utility Engineers"), serves as a good reminder that it is difficult...
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Commercial Reasonableness Is All Important When Interpreting A Lease

    The Court of Appeal continues to signal that common sense – viewed through the lens of what is commercially reasonable – should prevail when interpreting business agreements.
    CanadaReal Estate and Construction
    CP LLP
    CP LLP
  • Article

    Mortgage Enforcement And The Interest Act

    We have previously written about lenders attempting to charge a three-month interest fee (or "penalty", or "bonus") after a default by a mortgagor Three-Months' Mortgage Interest – To Charge or Not to Charge – CP LLP.
    CanadaFinance and Banking
    CP LLP
    CP LLP
  • Article

    Trump Tariffs – Does Your Transport Or Logistics Contract Protect Your Business?

    For transportation and logistics companies looking forward to a gradual turnaround from the "freight recession" that marked 2024...
    United StatesInternational Law
    CP LLP
    CP LLP
  • Article

    Take Care When You Forbear - Mortgage Forbearance Agreements Do Not Automatically Rank In The Same Priority As The Mortgage Being Forborne.

    It is well-known that the Bank of Canada's interest rate increases over the past two years have caused financial strain on many Canadian households.
    CanadaFinance and Banking
    CP LLP
    CP LLP
  • Article

    The Importance Of Pleading: Lessons From 1417217 Ontario Inc. v. River Trail Estates Inc.

    The Ontario Court of Appeal's decision to overturn several of the trial judge's findings in 1417217 Ontario Inc. v. River Trail Estates Inc., 2024 ONCA 491...
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Another Swing At The Bat – Res Judicata Explained

    The legal doctrine of res judicata exists to prevent the same dispute from being litigated more than once. Res judicata is grounded in two principles of public policy. First, the state has an interest in upholding finality in litigation; second, that an individual is not punished more than once for the same offence.
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    When Is A Sale Not A Sale?

    The term "sells" seems straightforward. Interpretation of what constituted a sale turned out controversial, however, in the recent case of Project Freeway Inc. v. ABC Technologies Inc., 2025 ONSC 1048 ("Project Freeway"), which involved sale and leaseback ("SLB") transactions.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP
  • Article

    (Self-)Dealing Or No-Dealing: What Are Fiduciary Duties?

    A fiduciary duty is a legal obligation that requires individuals in positions of trust, such as trustees or lawyers, to place the interests of the person or entity they serve ahead of their own personal interests.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP
  • Article

    Tortious In Itself: Director Personal Liability Without Veil Piercing

    A recent decision of Justice Wilton-Seigel, CHU de Québec-Université Laval v. Tree of Knowledge International Corp., 2024 ONSC 3541, helps to re-affirm the difference between veil piercing and direct personal liability of corporate directors and officers.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP
  • Article

    Confirmation That The Two-Year Limitation Applies To OBCA

    The decision, Lagana v. 2324965 Ontario Inc., has significant implications for asserting shareholder rights in Ontario.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP
  • Article

    Seven Wonders Of Contract Law: Pillar Concepts At A Glance Part A

    I believe contract law has seven wonders. To this day, they remain crucial structures that form the foundation of contract law. Rooted in ancient wisdom, they continue to impact both legal practice and the evolution of other legal principles, yet may be overlooked from time to time.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP
  • Article

    Challenging A Will In Ontario For Undue Influence: Lessons From Abbruzese v. Tucci

    When a Will reflects coercion rather than free choice, Ontario courts can step in. A recent decision shows how judges assess “undue influence” and what evidence matters most.
    CanadaFamily and Matrimonial
    CP LLP
    CP LLP
  • Article

    Home Buyers Beware – Misrepresentations By Real Estate Agents Can Lead To Difficult Choices

    Consider this nightmare scenario: you agree to buy a pre-construction home in a new neighbourhood, in a part of town you really like. A year later when you drive by to check on the construction progress.
    CanadaReal Estate and Construction
    CP LLP
    CP LLP
  • Article

    Let’s Be Practical - Ontario Court Of Appeal Endorses Practical, Common Sense Approach To Contractual Interpretation

    Project Freeway Inc (“PF”) sold its shares in a group of companies to ABC Technologies Inc. (“ABC”) for 165 million dollars. US26 million dollars of the purchase price was to be paid by way of an earn out if ABC hit certain performance targets.
    CanadaLitigation, Mediation & Arbitration
    CP LLP
    CP LLP
  • Article

    Veil Piercing Revisited: Comparing The BH Frontier And TOKI Cases

    In claims involving corporations, "veil piercing" can be transformative.
    CanadaCorporate/Commercial Law
    CP LLP
    CP LLP

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