Blog

Ontario Court of Appeal provides further guidance on “valid defence” analysis under anti-SLAPP legislation

13 March 2019

By Brendan Monahan

In a pair of recent decisions, the Ontario Court of Appeal provided further guidance on the correct approach to the “valid defence” analysis under the anti-SLAPP provisions of section 137.1 of the Courts of Justice Act (the “CJA”).

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Supreme Court Finds Lawyer Liable for Referral to Financial Advisor

8 March 2019

By Uri Snir

According to a recent decision of the Supreme Court of Canada, lawyers can be held liable for referring clients to another professional who subsequently turns out to be a fraudster, especially where the actions of the lawyer go beyond a mere referral. In this case, the lawyer in question not only referred clients to his financial advisor, he also recommended and endorsed the advisor’s investments over several years.

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Feeding the mouth that bites you: plaintiff required to provide advances for defence legal fees

25 February 2019

By Michael Bookman

When should a successor company be forced to pay an advance on legal fees to predecessor shareholders whom the successor company is suing? The recent motion decision in Noranco v MidOcean Partners III1 might give pause to successor companies considering legal action against the selling shareholders who may be indemnified, under certain circumstances.

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Claims Against Individual Directors and Officers of Fortress Struck Without Leave to Amend

6 February 2019

By Cynthia Spry

The Globe and Mail has suggested that the fall of the Fortress group of companies “could become Canada’s largest syndicated mortgage failure”, as “[b]etween 2008 and 2017, Fortress … raised a staggering $920 million from 14,000 retail investors to fund mortgages for an array of developments.”

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Negligence Claim against Law Firm Allowed to Proceed after Court of Appeal Reverses Summary Judgment

7 January 2019

By Uri Snir

In a recent decision of the Ontario Court of Appeal, the Court found that a motion judge erred in awarding partial summary judgment and dismissing a professional negligence claim against a law firm.

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Not ‘staying’ a while: Ontario Court of Appeal reviews three-factor test for lifting automatic stay pending disposition of an appeal

20 December 2018

By Brendan Monahan

When will a court lift the automatic stay imposed under the Rules of Civil Procedure when a final or interlocutory order for the payment of money is appealed? The Ontario Court of Appeal recently considered this question in Popa v. Popa, 2018 ONCA 972. In this case, the Court granted an order lifting the stay, finding that the responding parties were “utterly untrustworthy” and that there was a serious risk that funds would be siphoned off if the stay was not lifted.

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Top Five Hilarious Law Twitter Accounts

4 December 2018

By Eden Kaill

Every law firm’s Twitter account, Babin Bessner Spry included, has a standard list of follows:  Colleagues, other firms,  bar associations, other legal associations like TLA and the Advocates“ Society.  

These are often informative, but not always the most entertaining.  Thank goodness for my favourite sub-category of Law Twitter: 

Hilarious Law Twitter!

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Court of Appeal Clarifies the Difference Between Litigation and Participant Experts

26 November 2018

By Uri Snir

The Ontario Court of Appeal has further clarified the distinction between litigation expert witnesses and participant expert witnesses. The distinction is crucial in determining what type of evidence is admissible at trial.  

In this recent decision, the Court held that much of the expert evidence given at trial should have been inadmissible. It allowed the appeal and ordered a new trial in the underlying sexual assault action.

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Cooperative Design: the Dawn of a Pan-Canadian National Securities Regulator?

12 November 2018

By Michael Bookman

Canada is one of the only industrialized countries in the world to lack a national securities regulator. That may be about to change after the Supreme Court of Canada (“SCC”) concluded in Reference re Pan Canadian Securities Regulation that a proposed national cooperative for the regulation of the capital markets was indeed constitutional. The SCC has given the green light to a cooperative capital markets regulatory system fashioned collectively among some of the provinces and territories and the federal government.

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An Offer You Can’t Refuse: Ontario Court of Appeal Applies Flexible Framework for Enforcement of an Accepted Rule 49 Offer to Settle

1 November 2018

By Brendan Monahan

 

In Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc., 2018 ONCA 839, the Ontario Court of Appeal recently considered the principles relating to the enforcement of an accepted Rule 49 offer to settle. In this case, the Court upheld a motion judge’s decision granting judgment in accordance with an accepted Rule 49 offer. The Court also held that it was open to the motion judge to find that counsel for one of the parties had intentionally submitted inaccurate information to advance her clients’ position, without hearing viva voce evidence on that issue.

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