Searching Content indexed under Litigation, Mediation & Arbitration by Marco P. Falco ordered by Published Date Descending.
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When Does ‘Final And Binding' Mean ‘Final And Binding'?
Under the SAA, 108 agreed to act as BGOI's sales agent for a horror film outside of North America for five years.
18 Sep 2019
Not Your Standard "Standard-Form" Contract: The Interpretation Of Contracts On Appeal
Standard-form contracts are ubiquitous. From insurance to real estate, template agreements are the most common form of contractual obligation between Canadian consumers and the industries that affect their daily lives.
13 Aug 2019
Why A Limitation Period Might Not Run Against Multiple Wrongdoers
A considerable amount of ink has been spilled about section 5(1)(a)(iv) of Ontario's Limitations Act, 2002.
9 Jul 2019
A Marriage Made In Limitations Heaven: Section 5(1)(a)(iv) Strikes Again
Both of these scenarios aim to avoid unnecessary litigation.
18 Jun 2019
Is Section 5(1)(a)(iv) Of Ontario's Limitations Act The New "Special Circumstances"?
When Ontario's Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period for most lawsuits was uniformally enforced.
23 May 2019
Is Corporate Successor Liability A Dead Doctrine In Canada?
The American doctrine of successor liability has long been the source of fear for the parties to an asset purchase agreement.
25 Apr 2019
Why Canadian Courts Hesitate To Recognize "True Questions Of Jurisdiction"
Canadian Courts have always been reluctant to intervene in arbitral decisions. Judicial intervention in an arbitration, either by way of a review or an appeal from the arbitral award, undermines the efficiency of the arbitration process.
27 Mar 2019
Defendant Knows Best: Reliance On An Expert's "Superior Knowledge" As A Basis For Postponing The Limitation Period
One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the "superior knowledge" of the defendant who is seeking to remedy the plaintiff's loss.
21 Feb 2019
The Duty Of Honest Contractual Performance With Marco P. Falco - Torkin Manes LegalPoint Video (Video)
The Supreme Court of Canada has made major changes to the law of contract, of which all lawyers in Ontario ought to be aware. In the recent decision, Bhasin v. Hrynew, 2014 SCC 71,
10 Jan 2019
Call Off The Funeral Ontario Divisional Court Revives "True Questions Of Jurisdiction" In Judicial Review
Over the last decade, Canadian Courts have struggled with the issue of when to apply the less deferential standard of review of "correctness" in the review of administrative tribunal decisions.
2 Jan 2019
What Role Does "Fairness" Play In Statutory Interpretation?
British Columbia argued that it had no obligation to produce the Databases.
14 Nov 2018
Interference With Economic Relations: A Comparative Analysis Of American And Anglo-Canadian Approaches
Nothing leads to more confusion in common law than the scope of the tort of intentional interference with economic relations.
12 Nov 2018
Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
9 Oct 2018
Presumptive Deference to Tribunals on Appeal: When Will the Courts Intervene?
When an administrative tribunal interprets its governing statute, this usually raises a question of law. The tribunal is engaged in an exercise of statutory interpretation, something Canadian Courts do with aplomb. So when the tribunal's analysis of the language or application of legislation is challenged on appeal, should the Courts nonetheless defer to that analysis?
10 Sep 2018
When is an International Arbitration Award "Binding" for the Purposes of Domestic Enforcement?
Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in Ontario. Like its statutory predecessor, the recent International Commercial Arbitration Act, 2017, S.O. 2017, c.2, Schedule 5 (the "ICAA") provides a mechanism for the recognition and enforcement of such awards domestically.
26 Jul 2018
Ejusdem Generis: Why Latin Still Matters In Statutory Interpretation
As much as Canadian lawyers embrace "modern" principles of statutory interpretation, old habits die hard.
22 Jun 2018
Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards
In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of review is applied in appeals from civil matters, as opposed to appeals from an arbitral award.
29 May 2018
Ontario Court Of Appeal Affirms The "Minimum Performance Principle" In Calculating Damages For Breach Of Contract
In a breach of contract case, the defaulting party may have had alternative ways of performing the contract. This has a direct impact on the Court's assessment of damages.
26 Apr 2018
Why Appealing Commercial Arbitration Awards Is An Uphill Struggle
The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention.
27 Mar 2018
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