Kathryn Manning - DMG Advocates

Will your contract hold up? Canadian Courts’ Application of Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc.

by Kathryn Manning | 29 Dec 2025 | Legal Bulletins

In this paper, Kathryn Manning discusses the Supreme Court of Canada's decision in the case of Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., which addresses the interpretation of exclusion clauses in contracts for the sale of goods. The case arose when...

Shareholder Remedies – Evidence Matters

by Kathryn Manning | 15 Sep 2023 | Shareholder Remedies

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...

Appeal of Arbitral Award is a Hearing de Novo

by Kathryn Manning | 15 Aug 2023 | Arbitration

An application to set aside an arbitral award for lack of jurisdiction is a hearing de novo, not a review or appeal from the decision of the tribunal – with the caveat that where a party has participated fully in the arbitration, its failure to raise a piece of...

No Discretion to Refuse Shareholder’s Request for Audited Financial Statements

by Kathryn Manning | 26 Jan 2023 | Shareholder Remedies

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. In Lagana v. 2324965 Ontario Inc. et al. 2022 ONSC 7286, the Superior Court of...

Ontario E-Hearings Task Force Releases Best Practices for Remote Hearings

by Kathryn Manning | 13 May 2020 | Legal Bulletins

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....

Archive: Kathryn Manning

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Will your contract hold up? Canadian Courts’ Application of Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc.

Shareholder Remedies – Evidence Matters

Appeal of Arbitral Award is a Hearing de Novo

No Discretion to Refuse Shareholder’s Request for Audited Financial Statements

Ontario E-Hearings Task Force Releases Best Practices for Remote Hearings

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