Category Archives: Commercial Litigation

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

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Canadian Government suspends implementation of Anti-Spam Provisions

The Government of Canada announced earlier this month that the implementation of provisions granting a private right of action to individuals would not come into force this July 1st as originally scheduled. Canada’s Anti-Spam Legislation (CASL) was an initiative of … Continue reading

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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

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Ontario Court of Appeal applies “Strong” test for contractual jurisdiction

The Ontario Court of Appeal recently confirmed that parties who enter into contractual arrangements that include a forum selection clause must show strong cause why they should not be enforced if suit is brought in Ontario contrary to the agreement. … Continue reading

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Full Indemnity Costs for Frivolous Fraud Allegations

A June decision of Justice Turnbull was recently reported in which the Court sanctioned a plaintiff with rarely-seen “full indemnity costs” for making serious allegations of fraud and conspiracy, then dropping them on the eve of trial. The plaintiff had … Continue reading

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Employment Obligations May Survive 3PL Contract

In a recent case we represented a forwarder who had been in a long term 3PL contract with a US shipper. The forwarder essentially handled all of the shipper’s Canadian warehousing and distribution needs. As is frequently the case, the … Continue reading

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Common Courtesy – in the Client’s Interests!

We recently attended on an unnecessary motion in respect of documentary production. Of course, any  attendance drives up costs and is contrary to the client interests if another resolution is available; where a motion is brought or heard unnecessarily, however, … Continue reading

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The Best Offence…

More than 95% of cases settle; while a contested trial makes for good television, early and favourable settlements make for the best client outcomes. Continue reading

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Directors may be liable for misrepresenting ability to pay

Regardless of size, managing accounts receivable is an important element in running a successful forwarding operation. Credit terms are usually set at the beginning of the customer relationship through a credit agreement that stipulates a credit limit, payment terms, and … Continue reading

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