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Commercial Litigation & Dispute Resolution

Going to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your Claim

Written by on August 17, 2017.

Summary This article provides a comparative review of the two venues to commence your legal action in Ontario. Overview If you have suffered a wrong (i.e. breach of contract) you may commence a legal proceeding in an Ontario court. You may do so in Small Claims Court (“SCC”) or in the Superior Court of Justice (“SCJ”). This article provides a comparison of both procedural paths and concludes with the benefits and drawbacks of each. The substantive law (i.e. the interpretation of...

Siskinds Franchise Law Group Named Global Leader in Franchise Law

Written by on May 19, 2016.

Congratulations to Peter Dillon and the franchise law group, for being named a Canadian leader in franchise law in the Corporate LiveWire 2016 Global Awards! These awards recognize individuals and companies in the corporate finance sector that have demonstrated great achievements in the past 12 months. Each firm has been put under great scrutiny by the Corporate LiveWire judging panel, recognizing the most client-focused and dedicated teams and individuals. Learn more about the Corporate Live...

Limitation Periods – Often Overlooked, Yet Potentially Fatal to Your Legal Rights

Written by on May 29, 2015.

It is inevitable that at some point a business will experience a harmful event that causes it to suffer a financial loss. Examples include a third party breaking a contract or a warehouse fire due to faulty electrical wiring. Therefore, businesses need to be aware of the time limits that restrict their right to start a lawsuit. The legal term for this is limitation period (think of it as an hourglass full of sand). Definition of Limitation Periods Ontario has a default two-year limitation peri...

Finding and Serving those Anonymous Bloggers

Written by on January 09, 2015.

In a previous article published on this website, the strict limitation periods associated with a defamation action were discussed; particularly, the six week period for a Notice of Libel and the three month period for the commencement of an action in defamation, as is required under sections 5 and 6 of the Libel and Slander Act, R.S.O. 1990, c. L.12 of Ontario. The problem that has occurred for some is that the Internet and online defamatory comments can be posted by, and usually are posted...

The New Reality – Summary Judgment Motions

Written by on January 09, 2015.

Following a recent decision, Michael Polvere describes why the old adage "I'll get my day in court", in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided by the Supreme Court of Canada in January of this year; litigants and the average person may not understand the profound cultural shift that the decision represents. The potential litigant does not need to understand no...

Contracts and the doctrine of good faith – A New Era

Written by on December 17, 2014.

In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as “piecemeal, unsettled and unclear.”. In this article, Cole Vegso provides a brief explanation of the decision and considers some of the implications for Canadians. Introduction In Bhasin v Hrynew,[1] the Supreme Court of Canada made a significant ruling regarding the duty of good faith ...

Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?

Written by on November 26, 2012.

In this new article Siskinds Associate Mike Polvere takes an in depth look at the issue of cross border litigation and defamation. He discusses how the courts go about choosing the best jurisdiction to hear the matter. Is it prudent to start a libel action in Canada if the person who defamed you resides in the U.S or elsewhere? Where do you start an action when you feel you have been defamed on the Internet? The issues regarding where to commence a defamation action have become more complicated ...

Legal Proceedings against Persons and Businesses outside of Ontario

Written by and on September 13, 2012.

In Van Breda,[1] a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potential claims against out-of-province defendants to be able to pursue their rights in their home province.  People are often more familiar with the laws of the province in which they reside.  In addition, by...