Publications

select
select
October 20, 2021 | Article
TGF Topline

Relief from Forfeiture: a broad and flexible remedy that is often overlooked

By Daniel Schwartz and Jessica DeFilippis1 Relief from forfeiture is a broad and flexible equitable remedy that is often overlooked and frequent...

Featuring Daniel A. Schwartz and Jessica DeFilippis

October 15, 2021 | Article
TGF Topline

Litigation Lenders Beware of Potential Adverse Cost Awards

By Alexander Soutter A recent decision from the Ontario Superior Court of Justice may put litigation lenders on edge. In Davies v The Corporation o...

Featuring Alexander Soutter

October 7, 2021 | Article
TGF Topline

The Summary Judgment Exception to Mandatory Arbitration

By Erin Pleet and Jessica DeFilippis In the recent case of Jencel 407 Yonge Street Inc. v. Bright Immigration Inc. and Ramroop,1  th...

Featuring Erin Pleet and Jessica DeFilippis

October 4, 2021 | Article
TGF Topline

No “Stranger” to the Proceeding: CCAA Court Reaffirms Single Proceeding Model

By Rachel Bengino and Adrienne Ho.1 The single proceeding model, which is a core tenet in insolvency proceedings, was recently reaffirmed in the C...

Featuring Rachel Bengino and Adrienne Ho

September 15, 2021 | Article
TGF Topline

The Nortel Saga- A Tale of Two Cities

The Nortel Saga-A Tale of Two Cities1 By The Honourable Frank J.C. Newbould, Q.C.2 The Nortel Networks Corporation saga was unique for the partie...

Featuring Frank J.C. Newbould

August 4, 2021 | Article
TGF Topline

SCC Provides Much-Needed Clarity on Deemed Trust Priority

The Supreme Court of Canada (“SCC”) in Canada v. Canada North Group Inc., 2021 SCC 30 [Canada North] recently held that courts in ...

Featuring Derek Harland

July 29, 2021 | Article
TGF Topline

Good Faith a Paramount Concern in Insolvency Proceedings

Good faith, honesty, and transparency are the watchwords of Canada’s insolvency regimes. Where a debtor makes a proposal under the Bankr...

Featuring Alexander Soutter

July 5, 2021 | Article
TGF Topline

COVID-19 Does Not Excuse a Failure to Pay Rent

Courts will not rewrite leases by granting tenants rent abatements, despite the impact of the COVID-19 pandemic. That was the bottom line conclusio...

Featuring Deborah E. Palter, Alexander Soutter and D.J. Miller

June 29, 2021 | Article
TGF Topline

Reviewing CCAA Disclaimers Requires Balancing of Interests

The Court of Appeal for Ontario has confirmed the detailed decision of Chief Justice Morawetz (the “CCAA Judge”) regarding the law of d...

Featuring D.J. Miller, Mitchell Grossell, Andrew Hanrahan, Derek Harland and Scott W. McGrath

May 10, 2021 | TGF Topline

Québec Court Finds Tenants Obligated to Pay Rent During Pandemic Lockdown

Should Courts exercise their discretion to order pandemic-related exceptions to the tenant’s obligation to pay rent under a commercial lease?...

Featuring Puya Fesharaki

May 10, 2021 | TGF Topline

Covid-19 Is Frustrating - But Has it Frustrated Your Contract?

As the economic ravages of Covid-19 continue, the question of who should bear the costs in contractual relationships where neither party can reasonably be held at fault for the damages resulting from Covid-19 business disruptions is arising on a daily basis.

Featuring Fraser Hughes

November 27, 2019 | TGF Topline

Intellectual Property Usage Rights under the CCAA and BIA

By Mitchell Grossell, Insolvency Lawyer On December 13, 2018, Bill C-86, a federal omnibus budget bill also known as the Budget Implementation Act,...

Featuring Mitchell Grossell

November 20, 2019 | TGF Topline

Supreme Court to Weigh in Again on Good Faith in Contracts

By Scott McGrath, Litigation Lawyer The Supreme Court of Canada (“SCC”) acknowledged that good faith contractual performance is a gener...

Featuring Scott W. McGrath

September 16, 2019 | Article

Contributing writer, 'Annual Survey of Recent Developments in Civil Procedure', in Watson and McGowan's Ontario Civil Practice 2020, Carswell

Featuring Tamara Markovic

August 28, 2019 | Article

Contributing writer, 'Annual Survey of Recent Developments in Civil Procedure', in Watson and McGowan's Ontario Civil Practice 2019, Carswell

Featuring Tamara Markovic

December 28, 2018 | Article

Chapter: Private Actions Before the Tribunal, Litigating Competition Law in Canada, LexisNexis 2018, Nikiforos Iatrou, ed.

Featuring Scott W. McGrath

October 29, 2018 | Article

Cooler Heads Often Prevail in Shareholder Disputes

Shareholder disputes in closely-held corporations can be fast-moving and they often escalate quickly.

Featuring Scott W. McGrath

October 29, 2018 | Article

Murky Waters Regarding Availability of Debtor Property for Set-Off

In two recent cases, Nielsen (Re)[1] and Strellson AG v. Strellmax Ltd.,[2] the Courts of British Columbia and Ontario addressed the application of...

Featuring Owen Gaffney

October 10, 2018 | Article

Amendments to Construction Lien Act Trust Provisions — Will They Accomplish Their Goal?" in Commercial Insolvency Reporter, Vol. 30, Number 6

Featuring Puya Fesharaki

Items 1 to 25 of 99