Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated by the arbitration agreement reached between the parties. In Optiva Inc. v. Tbaytel, the parties, Tbaytel (“Tbaytel”) and Optiva Inc. (“Optiva”), …
Continue reading “Arbitrations Can Be Determined by Summary Judgment”
This column was originally published on the Real Estate News Exchange (Renx.ca). In the latest chapter in the commercial tenancy battles caused by the pandemic, Ontario’s highest court has set out the limits on relief from forfeiture of a commercial lease. This time, a major anchor tenant in a shopping mall asked for help after …
This column was originally published on the Real Estate News Exchange (Renx.ca). An important decision from the Ontario Superior Court of Justice has affirmed two important principles: (1) Pre-construction assets should only be transferred when the builder’s consent is obtained; and (2) Parties should never lose sight of the obligation to act in good faith …
If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline to commence a claim is missed, even by a short window, not only do our …
Continue reading “The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement”