Commercial Litigation Law

When you sign a contract, you are entitled to certain rights under the contract. However, sometimes it is possible to give up one or more of those rights, such that you can no longer rely on them. This is done through a legal doctrine called “waiver.” How do you know if you or your contracting...
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Renting a truck for personal use isn’t often done without the accompaniment of at least a mild level of stress. Adding on the possibility that the reservation for the vehicle may not be at the anticipated location, can result in additional time and energy for the renter. The Rights of Consumers An onslaught of complaints...
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In July of 2022, Walker Law was successful in obtaining a worldwide Mareva injunction on behalf of its client for $33 million dollars. A copy of that decision is here. A Mareva injunction is a rare and extremely difficult form of injunctive to obtain. If granted, this relief freezes the assets of the recipient, which...
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Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....
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The housing market has been cooling from its pandemic highs and prices are declining. As a result, many buyers may get cold feet as their closing date approaches or their financial institution has reneged on the amount that it is willing to offer as a mortgage. Prior to signing an agreement of purchase and sale,...
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Last year the Ontario government proposed Bill 27: Working for Workers Act, 2021 (the “Act”). The bill introduced a number of changes to the Employment Standards Act, including the right for employees to disconnect after work hours and the prohibition of non-compete clauses in employment contracts. On December 2, 2021, the Act became law in...
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In a lawsuit with multiple parties, a defendant may want to settle with the plaintiff to avoid the cost, time, stress, and risk of going to trial. As a result, the Canadian courts recognize Pierringer agreements, which allow one or more, but not all, defendant(s) to settle with the plaintiff and be removed from the...
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In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...
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On February 24, 2022, the Government of Ontario issued a press release, announcing that it would propose legislation that would require large employers to tell their workers if, how and why they are being monitored, electronically. Initially, there was speculation that these proposed changes would be included in new privacy legislation, or as amendments to...
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In a United States courtroom in California, prosecutors read out loud the private text messages of former Theranos CEO, Elizabeth Holmes (“Holmes”). Later those messages made headlines around the world and people globally read intimate messages that includes “missing you in every breath and in every cell”. The Holmes trial is a perfect example of...
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As the Ontario government implements vaccination mandates, particularly in the health sector, employers continue to question the legality of requiring their employees who remain hesitant to get the vaccine and whether and how to terminate employees who refuse. In December, Tanya Walker was interviewed to speak about the validity of mandatory vaccination policies and their...
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Anti-SLAPP Legislation Generally  A SLAPP, or Strategic Lawsuit Against Public Participation, is brought to silence an individual or business who has criticized the plaintiff. Usually, the plaintiff has greater financial means than the individual who criticized them and it is perceived that the lawsuit was started in order to stop or punish the defendant from...
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One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we recommend that our clients who are employers include provisions in their employment contracts that explain what their...
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Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a party for the loss he or she will suffer. Therefore, judges also have the power to award...
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On October 6, 2020, the Government of Ontario introduced Bill 213, Better for People, Smarter for Business Act (the “Bill”) for its first reading. The Bill seeks to modernize the law that governs how companies and people conduct business in Ontario. This includes significant changes to the Business Corporations Act (the “Act”). The hope is that these amendments will reduce the...
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Many entrepreneurs begin their business with family members or friends who share a particular interest or skill set. In doing so, they often focus all of their attention growing their venture and forget the importance of reducing their agreement to writing. Many entrepreneurs may be surprised to find out that if you do not describe...
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The COVID-19 pandemic has forced the courts and legal counsel to utilize videoconferencing platforms such as Zoom. Thanks to videoconferencing, it is no longer necessary for persons to attend appearances in person. Although, videoconferencing has its benefits and downfalls, we anticipate that the courts will continue to use virtual appearances for years to come. In...
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The COVID-19 Pandemic has unleashed havoc in many industries as a result of forced business closures and social distancing orders. The government and court have provided some guidance on how COVID-19 will impact residential leases, but still, there has been a lot of uncertainty for residential landlords and tenants. This article will focus on why...
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If you are a business or service provider who asks consumers to purchase a warranty along with your product or service, beware.
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