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Blaney McMurtry LLP
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Ontario M5C 3G5
By John Polyzogopoulos
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
By John Polyzogopoulos
In Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, the title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude...
By John Polyzogopoulos
PQ Licensing S.A. v. LPQ Central Canada Inc., a franchise rescission case, was the most interesting decision of the week for several of reasons, none of which have to do with rescission.
By Blaney McMurtry LLP
In Schnarr v. Blue Mountain Resorts Limited, the Court determined that occupiers of recreational properties, such as ski resorts, are entitled to include limitation of liability clauses ...
By Blaney McMurtry LLP
It has been a busy week at the Court of Appeal and a notable one at our office. I would first like to congratulate Varoujan Arman and Megan Hodges of our office, who successfully responded to an appeal ...
By David Mackenzie, Dominic Clarke
Insurance companies and policyholders in Canada are facing new risks and challenges, as they always have. Risk resulting from cyber losses and climate change, however, are not merely incremental changes in the insurance world.
By Talia Gordner
The case involves property owners who had rented their premises to a dry cleaning business in the early-to-mid 1990s.
By John Polyzogopoulos
Following are summaries of this week's civil decisions of the Court of Appeal for Ontario. There were some interesting decisions.
By Blaney McMurtry LLP
Below are this week's Court of Appeal summaries. Topics included security for costs, bankruptcy and insolvency, family law, real property & condo law, as well as several procedural decisions.
By Laina Smith
For-benefit corporations are a modification of for-profit corporations committed to a "triple P bottom line" -- people, profit and the planet.
By Michael Gilburt, Horatiu Porime
In recent years, the retail landscape has taken a novel turn with the rise of pop-up shops, which occupy retail space for short periods, anywhere from a few hours to over a year.
By Blaney McMurtry LLP
Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers' accounts, wrongful dismissal ...
By Lauren Rakowski
Often, defendants and their insurers wonder why plaintiffs get away with delaying litigation for so long, without courts dismissing their actions for delay.
By David Mackenzie
At Blaney McMurtry, our clients and their policyholders regularly face the uncertainty of evolving cyber risk.
By John Polyzogopoulos
In Isaac Estate v. Matuszynska, a majority of the court upheld the motion judge's application of the doctrine of "emergency" when determining the defendants' standard of care in a wrongful death case.
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