News & Publications

Commercial Litigation & Dispute Resolution

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Written by and on January 21, 2019.

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out in their pleadings into a co-operative one.[1] Failure to immediately disclose a litigation agreement introduces risk that the action against some/all of the Other Parties could be permanently stayed...

Mortgagee Remedies in Ontario

Written by on December 10, 2018.

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following is a comparison of the three remedies, highlighting the benefits and disadvantages of each. Following a default, a mortgagee may sell the mortgaged property pursuant to a private power of sale. This remedy allows a mortgagee to force a sale of the ...

Franchise rescission no relief from loan obligations

Written by on August 31, 2018.

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (“RBC”) for indebtedness owed by Everest Group Inc. (“Everest”), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the franchisee could be refunded amounts claimed in accordance with the rescission. In late 2015, Everest entered into a franchise agreement with Paramount Fine Foods to operate a restaurant at Yorkdale ...

Raymond Leach Speaking at Straight from the Bench – June 14

Written by on June 12, 2018.

Siskinds partner Raymond Leach will be speaking at the 13th Annual Straight from the Bench Conference on June 14th. Raymond will participate in a panel discussion on estoppel and constructive trusts with The Honourable Mr. Justice Ian Leach, Anne Marie Frauts of Frauts Dobbie, and Lou Anne Farrell of Ferguson Patterson PC. The conference is taking place at the London Convention Centre, from 9:00 a.m. to 5:00 p.m. The agenda is fully loaded this year and contains EDI hours in addition to CPD hou...

Welcoming Three New Partners – January 2018

Written by on January 04, 2018.

Siskinds LLP is pleased to announce that as of January 1, 2018, Rasha El-Tawil and Michael Polvere were admitted as partners of Siskinds LLP, and Caroline Perrault as a partner of Siskinds Desmeules LLP, our Quebec affiliate. These lawyers have excelled in their respective areas of personal injury law, commercial litigation, and class actions, and will be a strong addition to our partnership team. An excellent way to start 2018!

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...