Articles 2021


Defence Before Certification: A Debate of the Pros and Cons

  • November 01, 2011
  • Margaret L. Waddell, Jean-Marc Leclerc

The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.

Civil Litigation

Case Comment: iTrade Finance Inc. v. Bank of Montreal

  • October 06, 2011
  • Joshua Siegel

Fraud remains an ever present, if not growing, feature of the business and legal landscape in Canada. As is so often the case, the legal contest which arises from fraudulent activity lies between two innocent parties, while the fraudster...

Civil Litigation

Message from the Chair

  • October 06, 2011
  • Colin Stevenson

Judicial mediation, mediation roster rates, the recent position paper from the College of Physician & Surgeons of Ontario on experts. Just three of the important issues the Civil Litigation Executive is considering on behalf of OBA litigation lawyers.

Civil Litigation

Muscutt Revisited

  • March 01, 2010
  • James Manson

In an attempt to ease the burden of litigants dealing with out-of-province defendants, a five-member panel of the Ontario Court of Appeal has recently overhauled (again) the law of assumed jurisdiction in the province. In Van Breda v. Village Resorts Ltd., 2010 ONCA 84, the Court revisited and restated the oft-criticized common-law test originally set out in Muscutt v. Courcelles (2002), 60 O.R. (3d) (C.A.), in favour of a “refined” and “simplified” test.

Civil Litigation


  • John Polyzogopoulos

Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers’ accounts, wrongful dismissal (calculation of damages, including bonuses), aboriginal law (authority to amend lease of band lands), wills and estates (payment of interest on late distributions), condominium law (oppression and restrictions on use of common elements) and family law (constructive trust, Crown wardship).

Civil Litigation, Student Forum