Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss of solicitor-client privilege. The Ontario Court of Appeal addressed this issue in One York Street Inc. …
Continue reading “Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire”
A recent decision from Ontario’s highest court has yielded an unusual result regarding Ontario’s ever-evolving summary judgment regime. Typically, motions for partial summary judgment are difficult to advance and, in many cases, do not proceed to scheduling given their low likelihood of success. However, Kotsopoulos v. Toronto (City), 2026 ONCA 121 (“Kotsopoulos”) raised an unusual …
Continue reading “Partial Summary Judgment Remains Exceptional: Lessons from Kotsopoulos V. Toronto”