Business Law

A wide range of subjects that touch on the corporate commercial practice, including real estate, competition law, corporate law and governance, and securities

Top 10 business law decisions of 2022, Part II – – – and the law firm players

By Julius Melnitzer | January 19, 2023 This is the second of our annual two-part series ranking the top 10 business law decisions of the just-ended year. The first part featured cases ranked 6-10, while this article highlights the top five cases in ascending order. 5. Peace River Hydro Partners v. Petrowest Corp. (SCC) In […]

Top 10 business decisions of 2022, Part I – – – and the law firm players

By Julius Melnitzer | January 18, 2023 What follows is the first part of our third annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. Read Part I here. 10. Nova Chemicals Corp. v. Dow Chemical […]

Cryptocurrency fraud remedies available but enforcement difficult in Ontario

Enforcing civil remedies for crypto fraud is at least 50 percent of the problem, says Lou Brzezinski By Julius Melnitzer | January 4, 2023 As the investment hub of one of the most crypto-obsessed countries in the world, Ontario will need appropriate legal remedies to deal with the currency’s problems, evidenced most recently by the […]

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]

iGaming in Ontario off to a slow start, but lawyers say growth potential is significant

Cameron MacDonald By Julius Melnitzer | December 1, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]

UK decision may influence Canadian directors’ fiduciary duty regarding creditors

BTI may help courts decide whether directors properly considered creditors, Preet Gill says. By Julius Melnitzer | November 19, 2022 Although the landmark decision of The Supreme Court of the United Kingdom in BTI 2014 LLC v. Sequana SA appears to fly in the face of Canadian law, directors may still feel its impact on the exercise […]

OCA upholds $25,000 punitive damages award in commercial case

Alf Kwinter says it’s unusual to see damages awarded in commercial cases. By Julius Melnitzer | October 22,2022 In a judgment that augurs well for the award of punitive damages in commercial cases, the Ontario Court of Appeal has upheld a $25,000 award in a case involving a landlord’s illegal conversion of abandoned chattels subject […]

Little-used section of Condominium Act provides process for condo corp termination

With the value of the land exceeding the collective worth of some units, usage may increase, says Craig Garbe By Julius Melnitzer | September 27, 2022 Condominiums, albeit a relatively new legal phenomenon, are showing their age. The value of the land on some older developments now exceeds the collective worth of the individual units. “It […]

Court rules employers must include electronic tips under pensionable earnings

By Julius Melnitzer | September 21, 2022 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. The Federal Court of Appeal has ruled that a Halifax restaurant […]

Receiver has discretion to avoid arbitration agreement that preceded insolvency: Ont. CA

By Julius Melnitzer | August 31, 2022 Restructuring lawyer says decision confirms the sanctity of the ‘single proceeding’ model Ontario Court of Appeal Justice Julie Thorburn has refused leave from an Ontario Superior Court (OSC) ruling that a receiver was not bound by an arbitration agreement that preceded insolvency proceedings. Kathryn Esaw, a Toronto partner in […]

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