Publications

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July 5, 2021 | Article
Newsletter

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
Newsletter

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 | Newsletter

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 | Newsletter

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 | Newsletter

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 | Newsletter

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

May 10, 2018 | Article

A Comparative Review of the CCAA and Chapter 11 of the US Bankruptcy Code

A Canadian perspective on the differences between the CCAA and Chapter 11 of the US Bankruptcy Code.

Featuring Mitchell Grossell

May 1, 2018 | Article

"Rectification Claims and the Enforcement of Complex Agreements" in Commercial Litigation and Arbitration Review, Vol. 7, Number 2

Featuring Deborah E. Palter

October 20, 2017 | Newsletter

Did Bhasin “honestly” change Canadian contract law?

In November 2014, the Supreme Court of Canada (“SCC”) released their decision in Bhasin v. Hrynew, setting out a duty of honest performance in contract law.

Featuring James Hardy

October 20, 2017 | Newsletter

Roll-up DIPs: The other “shoe” drops

On April 20, 2017, in Payless Holdings Inc. LLC, Re,DIP Facility”) granted in Payless’ (as defined below) proceedings pursuant to Chapter 11 of the U.S. Bankruptcy Code (the “Chapter 11 Proceedings”). The Court held that it was not reasonable ...

Featuring Rachel Bengino

October 13, 2017 | Article

"Clarification On Priority Disputes In Insolvent Construction Lien Projects", Commercial Insolvency Reporter

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