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.

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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.

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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.

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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.

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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.

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January 26, 2023

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

by Kathryn Manning

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.

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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.

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October 29, 2020

Expansion of Small Claims Court Operations: What Litigants Need to Know

by Michelle Alonso de Mesa

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.

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September 14, 2020

Time Stops Standing Still: How to Calculate Your New Limitation Periods and Procedural Deadlines

by Agatha Wong

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.

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May 28, 2020

With civil trials backlogged, court turns to summary judgment motion

by Agatha Wong

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.

 

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May 13, 2020

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

By Kathryn Manning

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.

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May 11, 2020

Remote Hearings are Here to Stay

By Agatha Wong

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.

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April 23, 2020

Ontario Courts are expanding hearings and operations. What does this mean for suspended limitation periods and time limits?

By Agatha Wong

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.

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