Commercial Litigation

House arrest, probation for former editor in contempt case

A former newspaper editor who violated an injunction arising out of a defamation action against him has been sentenced to 90 days of house arrest, followed by 18 months of probation, which will hopefully put an end to a long legal battle over the reputation of a prominent Canadian businessman, says Toronto lawyer Brian Radnoff. Read more

Jail only appropriate sentence in contempt case, court told

Only a jail sentence will show the right amount of deterrence for a former newspaper editor who violated an injunction arising out of a defamation action against him, Toronto lawyer Brian Radnoff recently told an Ontario Superior Court of Justice sentencing hearing. Read more

Pepall named leading practitioner by Lexpert

Toronto commercial litigation lawyer William Pepall has been named a leading practitioner in professional liability in the 2013 Canadian Legal Lexpert Directory. Read more

Decision clarifies limitation periods for Internet libel

A recent defamation decision from the Ontario Court of Appeal provides important clarification on how limitation periods in the Libel and Slander Act work and how those provisions apply to Internet libel, says Toronto litigator Brian Radnoff. Read more

Marriage contract with drafting error not enforceable

The Ontario Court of Appeal has refused rectification of a marriage contract after a trial judge set aside... Read more

Judge finds activist in contempt of court order

A self-described corporate governance activist and journalist was recently found to be in contempt of a permanent injunction ordered after a defamation action against him by prominent businessman Robert Astley. Read more

OSC decision shows severity of penalties for illegal insider trading

Financial and professional sanctions imposed by the Ontario Securities Commission in a recent illegal insider trading case demonstrate how seriously regulators take these violations, even when relatively small amounts of money are involved, says Toronto commercial litigation lawyer William Pepall. Read more

Surveying smart software buys

Software is an important tool for a start-up lawyer, and choosing the right tools can ease operations and increase workf... Read more

Class action decision clarifies rules on overlapping plaintiffs

“When class actions are proceeding in the U.S. and Canada, there is likely to be overlap in the class members in these types of actions. Where the action brought in one jurisdiction settles, defendants need to know to which class members the settlement applies. Settlement of class actions will be fostered when the defendants know that a settlement definitely applies to certain class members, and that those class members cannot continue what is essentially the same claim for the same losses in another jurisdiction,” he explains. Read more

Livent case could set precedent if "equal fault" defence is applied

The long-awaited civil trial in Livent. Inc. (Special Receiver) v. Deloitte & Touche could be precedent-setting if the powerful “equal fault” defence ends up being material to the outcome, says Toronto commercial litigation lawyer William Pepall. Read more

Case shows institutional investors may want more than passive role in class actions

The recent objection by a group of investors to a deal settling allegations made by Sino-Forest Corp. investors against auditor Ernst & Young LLP may indicate a growing trend of institutional investors seeking to exercise their right to opt-out of class actions, says Toronto commercial litigation lawyer William Pepall. Read more

SCC rules against pensioners in insolvency decision

The Supreme of Court of Canada’s decision to give lenders of restructured company Indalex priority over the company’s remaining assets before reimbursing its pension plan is fair, says Toronto litigator Brian Radnoff . Read CBC News Read more