Commercial Litigation

Nova Scotia to increase fines, step up enforcement around skilled trades

HALIFAX — Nova Scotia is increasing fines and stepping up enforcement measures around the skilled trades in order to ensure a more level playing field in the construction industry. Read more

Family businesses ripe for oppressive conduct claims

The unique nature of family-run businesses makes them particularly prone to oppressive conduct actions, Toronto commercial litigator Kevin Fisher tells Read more

SCC decision doesn’t broaden duty of care

A recent Supreme Court of Canada decision that found the auditor of a company’s financial statements was negligent does not broaden the case law surrounding duty of care, says Toronto commercial litigator William Pepall. Read more

Creditors can seize funds despite Mareva injunction

While a Mareva injunction is an effective tool to stop another party from dissipating their assets, a recent Ontario Court of Appeal (OCA) ruling confirms that it will not keep a creditor from being able to access those funds , Toronto corporate and commercial lawyer Marlin Horst tells . Read more

How to increase your company’s value before selling

Doing research before you put a business on the selling block and gathering a team together to help can increase the value of a company by up to 50 per cent, says Edmonton real estate and business lawyer Kirk Goodman. Read more

Text messages a ‘discreet form of correspondence:’ SCC

A recent Supreme Court of Canada decision on the privacy of text messages is significant for criminal law, but it’s not expected to have the same impact in a civil context, Toronto commercial litigator Jeffrey Silver tells Read more

Substance trumps style in crafting winning arguments: Silver

His first time in court, accompanying a senior colleague who was bringing a motion, Toronto commercial litigator Jeffrey Silver says he got a great lesson in the quality of one’s argument versus the superficial slickness of its delivery. Read more

Mackey thrives on helping resolve condo disputes

The diverse mix of people she meets and helping condo corporations resolve complex issues are the most satisfying parts of the job for Toronto condominium and commercial litigator Megan Mackey. Read more

Adjudication process will expedite payments in construction sector

The introduction of an interim adjudication process to resolve payment disputes more efficiently is a welcome update to Ontario’s construction laws, Toronto commercial litigator Jeffrey Silver tells The Lawyer’s Daily . Read more

Pierringer agreements a double-edged sword

A recent decision highlights practical concerns relating to Pierringer agreements, says Toronto commercial litigation lawyer William Pepall. Read more

‘Slow and steady’ the right approach to modernizing Ontario's courts: Miller

TORONTO — Ontario's antiquated court system will inch toward the modern age, as the attorney general announced Wi-Fi for courthouses, jury summons via email or text and some online divorce filings. Read more

Receiver responsible for evaluating secured creditor claims

A recent decision shows courts will take a pragmatic approach to insolvencies where there are limited assets at stake, says Toronto corporate and commercial lawyer Marlin Horst. Read more

Be clear about intentions when transferring property: Miller

Parents transferring property to their children to avoid probate fees on their estate should make their objectives crystal clear to minimize problems down the road, says Toronto civil and commercial litigator Jonathan Miller. Read more

The dos and don’ts of shareholder agreements

Business partnerships usually begin with a honeymoon period, but they can end in a messy divorce unless a shareholder agreement is in place, says Edmonton business lawyer Kirk Goodman. Read more

Auditors’ duty of care could extend to non-clients

Auditors may be exposed to increased liability in the wake of a court decision that extended one firm’s duty of care to non-clients, says Toronto commercial litigation lawyer William Pepall. Read more