A recent decision from the Superior Court of Justice reviews the equity principles a court may consider on a motion for certificate of pending litigation (“CPL”). In Sun Rise Elephant Property Investment Corporation v. Luu, the plaintiff sought an order granting it leave to issue a certificate of pending litigation on two properties (the “Properties”) […]
In Davies v. Davies Smith Developments Partnership, the Ontario Court of Appeal revisited the doctrine of discoverability. The appellant was a former partner in a construction business. The partners signed an agreement in June 2005, which called for the appellant’s equity and his share in the profits of various projects to be paid to him […]
A recent decision of the Health Professions Appeal and Review Board serves as a reminder that health professionals who are also employers have an obligation to ensure that their workplaces are free of conduct that may be offensive to staff and considered unprofessional. In E.L.P vs N.S 2018 CanLII 1024 ON HPARB, the respondents, who were […]
A recent Ontario Superior Court decision confirmed that an employment contract may become frustrated due to a prolonged long term disability leave. Frustration of a contract occurs when a situation arises for which the parties made no provision in the contract and performance of the contract becomes “a thing radically different from that which was […]