Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is …
Continue reading “Discoverability and Fraudulent Misrepresentation”
Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of the litigation, such as an asset over which ownership was disputed. This test was not appropriate for all …
Continue reading “Critical Ontario Appeal Decision on Preservation of Property”
Security For Costs Explained As discussed in Volume 1, Number 4, an unsuccessful party at trial is generally required to pay 60 percent of the successful party’s legal fees. Thus, if the successful party incurred costs of $100,000, the unsuccessful party is responsible to pay the successful party $60,000, in addition to paying his own …
Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …
Continue reading “The Limits to Class Action Privacy Claims in Ontario”
Just a few weeks ago, the Supreme Court of Canada released a decision which confirmed that shareholders cannot sue third parties such as accountants or lawyers for negligent advice that causes losses to the corporation they own (Brunette v. Legualt Joly Thiffault s.e.n.c.r.l., 2018 SCC 55 (Brunette)). In this blog post I outline the Court’s …