Litigation Law, Mediation Law and Arbitration Law

There has been much publicity regarding the incidents of falling glass from condo balconies in Toronto over the past year.

A landlord’s failure to enforce lease rights in response to a tenant’s default can result in the default rights becoming unenforceable.

Immovables are frequently owned by several co-owners, residential condominiums being one example that naturally comes to mind.

A recent Ontario Superior Court decision denying certification of a pharmaceutical class action could have a significant impact on the conduct of product liability class actions in the province. In rejecting certification, the court closely analyzed the claim being advanced and the common issues proposed and concluded the action was not suitable for certification.

New and expanded product safety legislation in Canada, superimposed on a backdrop of jurisdictions willing to certify mass tort and personal injury claims, has created an environment ripe for increasing class action activity across the U.S./Canada border.

On February 24, 2012, the Autorité des marchés financiers published, on its website, a notice of consultation entitled Notice and Request and Comment on Internet Insurance Offerings in Québec.

A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.

The Federal Court of Appeal ("FCA") upheld the judicial review decision of the Federal Court ("FC") in "Livaditis v. Canada Revenue Agency".

On February 24, 2012, the Tax Court of Canada ("TCC") rendered its decision in Morguard Corporation v. Her Majesty the Queen (2012 TCC 55 – PDF) on the issue of the taxation of break fees received in the context of a takeover bid pursuant to a "lock-up agreement".

Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party. While there are steps available to enforce monetary judgments after trial...

John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014.

In April 2025, the Ontario Civil Rules Review Working Group (CRR Working Group) released its Phase 2 Consultation Report [PDF], proposing comprehensive changes to the Rules of Civil Procedure (Rules).