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Searching Content indexed under Litigation, Mediation & Arbitration by Torkin Manes LLP ordered by Published Date Descending.
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1
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.
Canada
18 Sep 2019
2
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.
Canada
13 Aug 2019
3
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.
Canada
9 Jul 2019
4
Court Of Appeal Affirms "Cap" Of Twenty-Four Months Absent Exceptional Circumstances
On June 19, 2019, the Ontario Court of Appeal released a decision in Dawe v. Equitable Life Insurance Company of Canada.
Canada
1 Jul 2019
5
A Marriage Made In Limitations Heaven: Section 5(1)(a)(iv) Strikes Again
Both of these scenarios aim to avoid unnecessary litigation.
Canada
18 Jun 2019
6
Family Law Arbitration Has Advantages, But It's No Guarantee You'll Stay Out Of Court
The National Post recently reported on the case of a dispute between separated parents that centred on whether their children should be vaccinated or not.
Canada
18 Jun 2019
7
Nude Video Chats Are Voyeurism
In a recent criminal case two people were involved in a long distance romantic relationship and they engaged in intimate webcam video chat. Both people were naked. Both knew they were on video.
Canada
18 Jun 2019
8
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.
Canada
23 May 2019
9
What Does #Metoo Mean For Lawyers?
It has been over a year since the infamous tweet encouraged people to come forward and share their experiences of sexual harassment.
Canada
8 May 2019
10
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.
Canada
25 Apr 2019
11
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.
Canada
27 Mar 2019
12
Just Because Your Ex Failed To Disclose Assets, Doesn't Mean You Get A Cut
Family lawyers advising their clients inevitably tell them something like this: Provide full financial disclosure to your spouse or your agreement could be set aside.
Canada
18 Mar 2019
13
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.
Canada
21 Feb 2019
14
Doing Business In Canada — A Legal Overview
Canada has always been a great place for non-Canadians to do business. Moreover, during the last twenty years, it has stood out among the world's nations as one of the most stable business environments, ...
Canada
31 Jan 2019
16
The Irony Of Representing Yourself In Family Law Litigation: It Can Cost You More Than Hiring A Lawyer
There is no doubt the costs of family law litigation are simultaneously emotional and financial
Canada
22 Jan 2019
17
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,
Canada
10 Jan 2019
18
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.
Canada
2 Jan 2019
19
She Paid The Insurance Premiums For 13 years, But His New Spouse Got The Payout — Until The Court Intervened
An Ontario woman who paid life insurance premiums for 13 years on a policy on her former husband, only to discover that her ex had made his new spouse the irrevocable beneficiary
Canada
17 Dec 2018
20
‘Excruciating' Trial In Case That Lasted 17 Years Emblematic Of Troubles Plaguing Family Courts
On Nov. 19, 2018, Regional Senior Justice Peter Daley took an unprecedented step. Speaking to media, members of the profession and the public from the dais in the Brampton, Ont., courthouse,
Canada
30 Nov 2018
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