Category Archives: Commercial Litigation

Commercial cases in which there is a litigation issue of particular interest.

Two-tier test for conflicts?

Posted on December 17, 2014 by Stephen Cavanagh

Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading →

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C.A. Says Only “Damage” Necessary to Start Limitation Period, Not “Damages”

Posted on March 15, 2012 by Stephen Cavanagh

The language of the Limitations Act, 2002 continues to be interpreted by the courts and an important decision was handed down this week by the Court of Appeal. Hamilton (City) v. Metcalfe & Mansfield Capital Corporation was an appeal from a … Continue reading →

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“Presumption” that Commercial Plaintiffs Entitled to Compound Interest?

Posted on September 1, 2011 by Stephen Cavanagh

We recently ran across an interesting decision of Mr. Justice Frank Newbould, dealing with the issue of whether prejudgment interest should be compounded. In Enbridge Gas. v. Michael Marinaccio et al, 2011 ONSC 4962 (CanLII), he held that it should be. … Continue reading →

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The “Surowiecki Ballot”: A Tool for Multi-Party Mediations

Posted on April 23, 2008 by Stephen Cavanagh

We came across this interesting article on the website for the International Risk Management Institute, Inc. (“IRMI”). It is entitled “A Tool for Multi-Party Insurance Litigation Mediation with ‘Additional Insureds’” and was written by Jeff Kichaven. The title makes the … Continue reading →

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Judge Says It’s “Clear” that Limitations Act, 2002 Has Removed Discretion to Provide Relief from Limitation Periods

Posted on March 24, 2008 by Stephen Cavanagh

Although the issue seems to be far from settled in the minds of some judges, Mr. Justice C. Stephen Glithero made the following unequivocal statement in Hughes v. Kennedy Automation Limited about the effect of s. 21(1) of the Limitations … Continue reading →

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C.A. Says “No” to Risk Premiums in Costs

Posted on December 14, 2007 by Stephen Cavanagh

The Court of Appeal today released its decision in Ward v. The Manufacturers’ Life Insurance Company. We are familiar with this case because local lawyers Eric R. Williams and Jaye E. Hooper, who acted for the plaintiff Ward, won at trial … Continue reading →

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Important Decision from S.C.C. on Fiduciary Duties Owed by Solicitors

Posted on June 1, 2007 by Stephen Cavanagh

Today, the Supreme Court of Canada released a much-anticipated decision in Davis & Co. v. Monarch Entertainment Corporation. The case is of particular interest to lawyers practising in the field of commercial law because it has clarified the obligations owed … Continue reading →

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C.A. Overrules Itself, Says Homeowner Not Liable for Fraudulently-Obtained Mortgage

Posted on February 6, 2007 by Stephen Cavanagh

It is not every day that the Court of Appeal says that one of its earlier decisions was wrongly decided, but that is what happened today. In Lawrence v. Maple Trust Company, a five-member panel of the Court said that … Continue reading →

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Third Party Action Against Plaintiff’s Expert Dismissed on Basis of No Duty of Care and “Witness Immunity”

Posted on January 16, 2007 by Stephen Cavanagh

In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was … Continue reading →

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