Category Archives: Case Commentaries
The Pith and Substance of Marine Engine Supply
A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not Canadian Maritime Law or Quebec civil law should govern … Continue reading
Applicability of Hague-Visby limitations to undeclared on deck cargo
In this claim for loss of cargo en route from Canada to Europe, the defendant forwarder Traffic-Tech International brought a motion for preliminary determination of the question of applicability of the Hague-Visby Rules and their damage limitation provisions. Facts: The … Continue reading
Arbitration Clause unenforceable: Heller vs Uber
Ref: Heller v. Uber Technologies Inc., 2019 ONCA 1 In one of its first decisions of this year, the Ontario Court of Appeal grappled with the enforceability of a arbitration clause in the contract of adhesion formed between Uber drivers … Continue reading
Forum of Necessity Exception
Ref: Mohammad v. Tarraf et al, 2019 ONSC 1701, Gray J. When bringing a claim against a foreign party or based on foreign facts or wrongs, a Court will generally engage in a two-step analysis: Jurisdiction Simplicitur: the Court first … Continue reading
Time-Bar incorporated through CIFFA STCs results in Summary Judgment
A recent decision of the Federal Court of Canada provides an important analysis and application of contractual time bars, as well as particular discussion in respect of the application of the CIFFA STCs. It provides precedent of interest to all … Continue reading
All Three Rail Workers Acquitted in Lac Megantic Trial
In the early morning hours of 6 July 2013 a train parked outside Lac Megantic QC and laden with crude oil began rolling towards the town and derailed in a massive conflagration that claimed 47 lives and devastated the small … Continue reading
Limitation period for Excessive Force Claim runs from dismissal of Charges
On 7 December 2017 the Ontario Court of Appeal handed down a decision in the matter of Winmill v. Woodstock (Police Services Board) that appears to extend the time period in which an alleged victim of police misconduct can bring a claim … Continue reading
Service Outside Hague Convention
This appeal considered the validity of service of a Statement of Claim in accordance with The Hague Convention on defendants located in a state that is not a party to that Convention. The Court confirmed that in such states service in accordance with the Ontario rules is sufficient, and that service under our rules does not conflict with the domestic sovereignty of the state in which the defendants are resident. Continue reading
The Importance of Costs: BitTorrent and The Cobbler
Readers who have a shared server with users of BitTorrent, or who use it themselves, may have received threatening emails forwarded by their ISP alleging Intellectual Property (IP) infringement through the downloading of movies, music, and the like. These are … Continue reading
Contractual Choice of Law in Quickie Convenience
The Ontario Court of Appeal recently addressed an interprovincial commercial dispute in which contractual choices of law and forum played a central role, overturning the decision of the Superior Court and granting the appellant relief. Ref: Quickie Convenience Stores Corp. … Continue reading →