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Commercial Litigation

Van Breda Revisited: the SCC on Jurisdiction Simpliciter in Sinclair

This summer, the Supreme Court of Canada dismissed the appeal in Sinclair v Venezia Turismo, 2025 SCC 27. In a 5-4 ruling, the majority clarified how to determine a court’s jurisdiction simpliciter. This case has significant implications for businesses offering services to Canadians abroad.

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery of rebuilding costs arising from compliance with regional building regulations. On appeal by leave [41077], the Supreme Court of Canada (“SCC”) will likely provide […]

APPEAL WATCH: Sweet Productions Inc. v Licensing IP International on Delay and Dismissal 

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Federal Court of Appeal (“FCA”) on undue delay leading to dismissal in the case of Sweet Productions Inc. v Licensing IP International, 2022 FCA 111 [Sweet Productions] pursuant to Rule 167 of the Federal Court Rules, S.O.R./98-106 (“the Rules”). 

Transfers at Undervalue Versus Corporate Attribution

The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from March […]