In its seminal decision in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (CanLII) the Supreme Court of Canada set out four factors, which if established, lead to a presumption that…
Until the Court of Appeal for Ontario released it’s recent decision inIndependence Plaza 1 Associates, L.L.C. v. Figliolini 2017 ONCA 44 (CanLII), the limitation period applicable to actions to enforce foreign…
In this post, I summarize 5 essential points to obtain a Mareva injunction in Canada. I had previously blogged about a recent case limiting the application of Mareva injunctions against bona fide creditors of…
Companies seeking insurance rarely pay much attention to the dispute clauses in the policy. Understandably, the main concern when seeking insurance is obtaining adequate coverage for potential losses. Dispute clauses…
In a very well written and incisive decision released earlier this year, the Court of Appeal for Ontario finally settled the issue of what limitation period applies to the enforcement…
In this recent case, the Court of Appeal for Ontario Applied the lex loci delicti principle as set down in the seminal Supreme Court of Canada Case of Tolofson v. Jensen [1994] 3 S.C.R.…