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Parties to a commercial agreement owe one another extra-contractual duties of good faith. This includes both the obligation to perform the agreement honestly (by not lying or actively misleading each [...]

In Ontario, litigants do not have an inherent right to appeal a decision. The jurisdiction to appeal civil proceedings derives from statute, usually the Courts of Justice Act, R.S.O. 1990, [...]

In Canada, parties to a commercial agreement owe one another a duty of good faith, including a duty to perform their contract honestly: C.M. Callow v. Zollinger, 2020 SCC 45, [...]

Appellate courts will reluctantly intervene in a previous judicial interpretation of a commercial agreement. This is because lower courts are best positioned to wade through the evidence of what the [...]

The Canadian administrative state is under strain. Across the country, tribunals and decision-makers face increased workloads, pressure to render decisions justly, and the need to balance efficiency against the importance [...]

Commercial arbitration promotes finality. Parties who agree to resolve their disputes outside of litigation will be held to that choice. For this reason, under Ontario's Arbitration Act, 1991, S.O. 1991, [...]

Without question, artificial intelligence ('AI') will revolutionize the practice of civil litigation and administrative law in the next decade. AI has the potential to promote access to justice, as well [...]

Since the Supreme Court of Canada's landmark decision in Bhasin v. Hyrnew, 2014 SCC 71, all contracts in Canada are governed by the principle of good faith. Good faith applies [...]

Procedural fairness is at the heart of administrative decision-making. One aspect of a fair tribunal process is that if a government actor makes a specific representation that a procedure will [...]

Procedural fairness is one of the hallmarks of an administrative proceeding. A lack of due process compromises the very merits of the decision itself. From the outset of a tribunal [...]

Commercial parties choose arbitration to avoid litigating disputes. By design, contractual arbitration clauses set the 'ground rules' by which the parties seek to divorce their claims from the civil litigation [...]

As 2022 draws to a close, it is time to take stock of the most important judicial review and civil appellate cases that have occupied the pages of Torkin Manes' [...]

The principle of procedural fairness governs all aspects of tribunal hearings. From the outset of the proceeding, an applicant is entitled to notice of the case to be met, the [...]

Most applications for judicial review of an administrative decision in Ontario must be brought within 30 days under ss. 5(1) of Ontario's Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the [...]

Having a tribunal proceeding permanently stayed on the basis of administrative delay has never been an easy feat. Canadian Courts have long held that in order for the passage of [...]

Under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the 'JRPA'), most applications for judicial review of an administrative decision in Ontario must now be brought within 30 days. The [...]

The Supreme Court of Canada's precedent-setting decision, Bhasin v. Hrynew, 2014 SCC 71, established that all commercial contracts in Canada are bound by the principle of good faith. This includes [...]

Since the Supreme Court of Canada's ground-breaking decision, Bhasin v. Hyrnew, 2014 SCC 71, all commercial contracts in Canada are bound by the principle of good faith. This includes the [...]

Ontario courts adopt a deferential posture toward commercial arbitration awards. This approach is consistent with the fundamental principle underlying Ontario's Arbitration Act, 1991, S.O. 1991, c.17 (the Act), i.e. to [...]

Canadian appeal courts adopt a deferential posture toward commercial arbitration awards. This approach protects the policy underlying Ontario's Arbitration Act, 1991, S.O. 1991, c.17 (the 'Act'), which is to promote [...]

Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party's psychological well-being, undermines the administration of justice and can amount to [...]

Maintained This checklist identifies some of the most important factors an applicant should consider when deciding to pursue judicial review in the Ontario Divisional Court. Judicial review is the process [...]

The delay in a regulatory or administrative process can have a profound impact on the parties affected. Delay hinders a party's psychological well-being and undermines the public's confidence in the [...]

There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, without the need for lengthy court [...]

Commercial arbitration has two primary goals: efficiency and finality. Parties who enter into private domestic arbitration do so in part to avoid the lengthy delays associated with civil litigation. The [...]

Parties who enter into joint venture / development agreements ('JDA') are often contractually bound by dispute resolution processes, such as arbitration. JDAs often require that, in the event of a [...]

In Ontario, the issue of whether a decision or order is stayed pending an appeal or judicial review depends on the interaction of several statutes and civil procedure rules. Parties [...]

The commencement of an appeal or application for judicial review may not stop the enforcement of the lower Court or tribunal's order. In Ontario, the issue of whether a decision [...]

In 2014, the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, issued a clarion call requiring civil actions to be resolved by way of summary judgment, where [...]

Canadian appellate courts are reluctant to have an appeal dismissed without a full hearing on the merits. That being said, where an appeal has little merit, where the appellant may [...]

Appellate Courts in Canada have limited tools at their disposal to discourage frivolous appeals. Broadly speaking, Courts are reluctant to have an appeal dismissed without a full hearing on the [...]

Judicial review is the process by which an applicant challenges a statutory power of decision, made by a tribunal or other government actor, in Court. Governed in Ontario by the [...]

In the past few years, a trilogy of decisions from the Supreme Court of Canada has established that parties to a commercial contract are bound by the principle of good [...]

Parties to a commercial contract owe one another a duty of good faith. In the past few years, a trilogy of decisions from the Supreme Court of Canada has established [...]

As 2021 draws to a close, it is time to take stock of the most important civil litigation decisions affecting businesses and the practice of law in Ontario, as canvassed [...]

As a discretionary remedy, judicial review asks the court for relief by way of what were once known as the 'prerogative writs,' including certiorari, mandamus and prohibition. Under ss. 2(1)1 [...]

In Canada, actions for pure economic loss in tort law pose a unique set of challenges. These are claims in which the plaintiff seeks damages for economic loss that is [...]

In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, 5.0. 2002, c.24, Schedule B (the Act), the two­ year limitation period for most civil lawsuits starts when the plaintiff [...]

Judicial review is a discretionary remedy. Unlike an appeal, in which the Court takes its jurisdiction to review the tribunal's order pursuant to an express statutory right, judicial review asks [...]

In Ontario, the two-year limitation period for most civil lawsuits starts when the plaintiff knows that their action would be an 'appropriate means' to remedy their loss. Over the past [...]

The Lawyer's Daily View original As judicial resources become evermore scarce, governments across the country are relying on administrative tribunals to adjudicate disputes. The delegation of decision-making power away from [...]

As judicial resources become scarce, provincial governments are looking evermore to administrative tribunals to adjudicate disputes. The delegation of decision-making power away from the Courts comes with benefits and burdens. [...]

In most provinces across Canada, a party has two years to start a civil action. This two-year limitation period is triggered the moment the plaintiff has discovered its claim. Considerable [...]

In 2020, the Supreme Court of Canada in CM Callow Inc. v. Zollinger, 2020 sec 45 reinvigorated the duty of honest contractual performance, i.e. the obligation that parties to an [...]

In 2020, the Supreme Court of Canada reaffirmed that parties to a contract have a duty not to 'lie or otherwise knowingly mislead each other about matters directly linked to [...]

For decades, the Ontario Court of Appeal has held that, as a general rule, it will not hear appeals from aspects of the lower Court proceeding to which the appellant [...]

After a lengthy Court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. However, the legal test for advancing [...]