Appealing Briefs

May a party to a lawsuit have a second chance to make an argument it previously failed to advance? In Patrick Street Holdings Ltd. v. 11368 NL Inc., the Supreme Court of Canada reaffirmed an important principle: litigants generally must put their best case forward the first time. Adam Goldenberg speaks with McCarthy Tétrault litigation partner Kosta Kalogiros about the decision, the doctrine of res judicata, cause of action estoppel, and the practical lessons it offers litigants and counsel.

When does a “guaranteed rebuilding cost” endorsement actually cover the added costs of rebuilding after a loss? In Emond v. Trillium Mutual Insurance Co., the Supreme Court of Canada considered how standard form insurance policies should be interpreted when coverage extensions appear to conflict with policy exclusions. Adam Goldenberg speaks with McCarthy Tétrault litigator Akiva Stern about the Court’s decision, how it applies the framework from Ledcor, and what it means for insurers and policyholders across Canada.

When must a public company immediately disclose developments in its business, operations, or capital? In Lundin Mining Corp. v. Markowich, the Supreme Court of Canada clarified what constitutes a “material change” under Ontario’s Securities Act and when issuers are required to disclose such changes to the market.

Adam Goldenberg speaks with McCarthy Tétrault partner and co‑head of securities litigation Owais Ahmed, alongside senior litigation associate Valérie Lord, about the Court’s decision, its guidance on the distinction between “material facts” and “material changes”, and what the ruling means for disclosure obligations under Canadian securities law.

When may a foreign defendant be called to answer a lawsuit in a Canadian courtroom? In Sinclair v. Venezia Turismo, the Supreme Court of Canada explored the limits of Canadian courts’ jurisdiction, in a case that arose out of a water taxi accident in Italy. Adam Goldenberg speaks with McCarthy Tétrault senior litigation associate Rachel Chan about the Court’s judgment and its implications for non-Canadian individuals and businesses facing litigation in Canada.

Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not — and that a couple who had used a strip of city-owned parkland as part of their backyard had become its rightful owners. Adam Goldenberg speaks with McCarthy Tétrault lawyers Jonathan Nehmetallah and Gregory Ringkamp about the implications of this decision for landowners and municipalities, and about the relationship between civil legislation and the common law.

When should – or must – a class action be dismissed for delay? In Tataryn v. Diamond & Diamond Lawyers LLP and Barbiero v. Pollack, the Court of Appeal for Ontario applied new legislation and jurisprudence to take a stricter approach. Adam Goldenberg speaks with McCarthy Tétrault partner Marina Sampson about the implications for civil litigation and for businesses that may face proposed class proceedings.

In Chemtrade v. Superior Plus, Alberta’s Court of Appeal considered the extent to which courts can use evidence of a contract’s surrounding circumstances and parties’ “common understanding” to interpret the written terms of a contract. Adam Goldenberg speaks with McCarthy Tétrault partner Laura Gill and associate Emily Ward about the implications for businesses negotiating commercial agreements.

When is litigation available to fight back against false and damaging online reviews? Adam speaks with McCarthy Tétrault partner Dorothy Charach and associate Lauren Weaver about the Court of Appeal for Ontario’s decision in Benchwood Builders, the use of anti-SLAPP legislation, and the implications for defamation law more generally.

Could dishonesty during contractual negotiations or after a contract’s termination constitute a breach of the duty of honest performance? Adam speaks with McCarthy Tétrault partner Brandon Kain, author of Good Faith in Canadian Contract Law, about two recent appellate decisions that consider the duty’s temporal and legal limits.

By a narrow majority, the Supreme Court of Canada has struck down Ontario's limits on electoral advertising spending by business associations, labour unions, and other "third parties". On this episode, Adam speaks with McCarthy Tétrault litigator Connor Bildfell about the implications of the Working Families decision for Canadian businesses and the constitutionally protected right to vote.