May 14, 2024
Nine Elements of an Effective Internal Investigation
by John Mather and Max Libman
Allegations of criminal, regulatory or other misconduct place immediate and intense pressure on a business. Decisions need to be made – and often fast. Good decisions, however, are fueled by good information, which can take time to gather and analyze. Establishing a swift but thorough investigation process is often the best course of action.
November 21, 2023
Claim First, Provide Details Later
by John Mather and Michael Robson
Negligent design and manufacture claims often start at the end. A plaintiff is hurt while using a product and concludes that their injury is the result of a defect in that product.
The law, however, is not that simple. At some point, the plaintiff must prove what, exactly, was defective in the product’s design or manufacture. The vague notion that “something must be wrong” is not enough.
October 16, 2023
Think Twice Before Proceeding By Way of Application When Dealing With Allegations of Fraud
by Corey Groper
In Sase Aggregate Ltd. v. Langdon, the Court of Appeal for Ontario dismissed a plaintiff’s attempt to recoup fraudulently obtained funds from the fraudster’s wife, who was a stranger to the fraud. In doing so, the Court provided guidance on the high standard required to properly trace misappropriated funds, even in the most clear-cut cases of fraud. It also provided useful commentary on how proceeding by way of application may hinder the effective adjudication of civil fraud claims.
October 4, 2023
Wither the Pure Economic Loss Class Action?
by Michael Robson and John Mather
Among other seismic changes in 2020, two developments shook the product liability class action landscape in Ontario. First, the province introduced major amendments to its class actions legislation, giving defendants more tools to prevent certification, including introducing a requirement that the class action not only be a “preferable” procedure but also the “superior” procedure.
September 15, 2023
Shareholder Remedies – Evidence Matters
Shareholder disputes are inherently fact-driven. A recent decision of the Ontario Court of Appeal, Hrvoic v. Hrvoic, 2023 ONCA 508 (Feldman, Benotto and Roberts JJ.A.), emphasizes the importance of the evidentiary record where the division of shares and share valuation are at issue.
August 1, 2023
Leaving on a Jet Plane? Not so Fast
by Corey Groper
In Wayne Safety Inc. v. Diana Gendelman et al., Osborne J. considered when a court may order defendants in a civil proceeding to surrender their passports. After noting that the jurisprudence in this area is “relatively limited” , he set out a number of useful factors for future courts to consider in determining whether an order compelling the surrender of passports should be made.
July 12, 2023
The rejection of a third party’s evidence is not capable of establishing liability for the torts of knowing assistance or knowing receipt
by Corey Groper and Ryder Gilliland
In Quantum Dealer Financial Corporation v. Toronto Fine Cars and Leasing Inc., the Court of Appeal for Ontario considered the torts of knowing assistance and knowing receipt, confirming that the former “requires a heightened level of awareness by strangers to the trust relationship”, while the latter requires “knowledge of facts that would put a reasonable person on notice to inquire into the situation.
May 17, 2023
Responding to Coroner’s Inquests and Investigations in Ontario
by John Mather and Max Libman
A coroner’s inquest is a hearing conducted by a coroner to determine the circumstances of a death. Coroner’s inquests are held before a five-person jury and open to the public, except in rare circumstances.
May 9, 2023
Avenues for Recovering Fraudulently Obtained Funds When the Fraudster’s Pockets are Empty
by Corey Groper and Ryder Gilliland
Establishing a fraud is only the first step. Even in the most clear-cut cases of civil fraud, actually recovering the ill-gotten gains is often a challenging and time-consuming endeavor.
In this bulletin, Corey Groper and Ryder Gilliland discuss potential avenues for fraud victims to recoup assets when fraudsters are judgment-proof.
April 19, 2023
The Nature of the Property is an Important Consideration when Advancing a Claim for Conversion
by Corey Groper and Ryder Gilliland
The Court of Appeal for Ontario’s recent decision in Tar Heel Investments Inc. v. H.L. Staebler Company Limited stands for the proposition that the tort of conversion may not apply to intangible property. As such, when bringing a claim relating to theft of intangible property, it is important to plead alternative causes of action in case the tort of conversion is found not to apply.
March 22, 2023
Fraud: Where to Begin – Part II
by Corey Groper and Ryder Gilliland
In our introductory bulletin, we explored the tort of civil fraud and examined its constituent elements. We also considered the doctrine of equitable fraud which “does not necessarily connote dishonesty” and is, therefore, “less odious than common law fraud.” The objective of this second bulletin is to explore some of the other causes of action that can be (and often are) pled in conjunction with a claim for civil fraud, including conversion, conspiracy and bribery.
March 3, 2023
Fraud: Where to Begin – Part I
by Corey Groper and Ryder Gilliland
This is the first in a series of bulletins which will discuss relevant considerations for practitioners faced with the prosecution and defence of civil fraud actions. This introductory bulletin addresses considerations at play when commencing a fraud action, including the various relevant causes of action available.
January 26, 2023
No Discretion to Refuse Shareholder’s Request for Audited Financial Statements
The Court does not have discretion under the Ontario Business Corporations Act (“OBCA”) to refuse a shareholder’s request for the corporation to produce audited financial statements.
February 7, 2022
Updated Guidance on Electronic Discovery
by Max Libman
On January 21, 2022, The Sedona Conference and its Working Group 7 (Sedona Canada) announced the publication of The Sedona Principles Addressing Electronic Discovery, Third Edition. DMG Partner Kathryn Manning was on the editorial board of The Sedona Principles Addressing Electronic Discovery, Third Edition. Kathryn is currently the Chair of Sedona Canada.
October 29, 2020
Expansion of Small Claims Court Operations: What Litigants Need to Know
On January 1, 2020, the jurisdiction of the Ontario Small Claims Court increased from $25,000 to $35,000. Since then the COVID-19 pandemic has caused a temporary reduction in services. Here is what litigants need to know about how the Court is adapting during the ongoing pandemic.
September 14, 2020
Time Stops Standing Still: How to Calculate Your New Limitation Periods and Procedural Deadlines
On March 20, 2020, the Ontario government suspended all limitation periods and procedural timelines established by statute, regulation, rule, by-law, or government order, retroactive to March 16, 2020.[1] This suspension has been lifted as of September 14, 2020.[2] Litigants and counsel must be mindful of the new deadlines for commencing actions or taking steps in a proceeding.
May 28, 2020
With civil trials backlogged, court turns to summary judgment motion
While Ontario courts continue to adapt to the ongoing COVID-19 pandemic, the judiciary faces a growing backlog of civil trials. Given this backlog, courts may be more open to hearing summary judgment motions or other dispositive motions in ongoing actions.
May 13, 2020
Ontario E-Hearings Task Force Releases Best Practices for Remote Hearings
On May 13, 2020, the E-Hearings Task Force (“the Task Force”) released Best Practices for Remote Hearings (the “Best Practices”). The purpose of the Best Practices is to provide guidance for lawyers and parties when preparing for and participating in remote hearings. They are accompanied by user-friendly tools such as checklists and a short Overview of the main points to assist parties in navigating what is now the new normal in litigation during the COVID-19 pandemic. The materials can be accessed here.
May 11, 2020
Remote Hearings are Here to Stay
In two recent endorsements, the Superior Court of Justice sent a clear message to litigators to embrace technology as part of the civil justice system’s new normal.
Arconti v. Smith
In a case conference endorsement for the matter Arconti v. Smith, 2020 ONSC 2782, Justice Myers rejected the plaintiffs’ request to delay proceedings until the end of social distancing requirements rather than conduct remote examinations for discovery.
April 23, 2020
Ontario Courts are expanding hearings and operations. What does this mean for suspended limitation periods and time limits?
In Ontario, limitation periods and certain procedural timelines have been suspended in response to the COVID-19 pandemic. On March 20, 2020, following the declaration of a provincial state of emergency, the Ontario government made an order under subsection 7.1(2) of the Emergency Management and Civil Protection Act temporarily suspending limitations periods and “any period[s] of time within which any step must be taken in any proceeding in Ontario” established by statute, regulation, rule, by-law, or government order. The suspension order is retroactive to March 16, 2020. While the order applies to time periods set out in legislative acts, such as the Rules of Civil Procedure and the Limitations Act, 2002, it does not suspend time limits established by contract.