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When Your Contract Says the Loser Pays “Full Legal Costs,” Will an Ontario Court Agree?

Corporate lawyers frequently draft commercial agreements with specific terms regarding legal expenses. Many contracts provide for full legal costs in Ontario when legal proceedings occur. However, courts retain authority to review and enforce these provisions. Under the Courts of Justice Act, Ontario judges retain overall discretion regarding legal costs. Therefore, negotiated contract language does not automatically guarantee procedural cost awards. Furthermore, courts must assess billed legal expenses for proportionality and reasonableness. In Bossé v. Mastercraft Group Inc., the Court of Appeal…

2 days ago

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Settlement Disclosure in Ontario: Handley Estate Overruled

Civil litigation in Ontario follows strict procedural rules that protect fairness. The Ontario Court of Appeal recently made important changes to settlement disclosure in Ontario. The court officially overruled the longstanding precedent set in Handley Estate. Litigants must still promptly disclose agreements that alter litigation alignments. However, delayed disclosure no longer automatically triggers a stay of proceedings. Instead, judges now determine remedies based on proportional assessments of prejudice. Consequently, litigants must adapt their legal strategies when navigating multi-party disputes. What Was the…

4 days ago

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What Is the 15-Year Ultimate Limitation Period in Ontario?

Ontario civil litigation relies on strict statutory deadlines. A plaintiff can lose a valid claim when the 15-year ultimate limitation period expires. Courts enforce this absolute deadline regardless of when damage is discovered. Furthermore, the clock begins on the day the wrongful act occurs. A narrow exception exists for continuous omissions under Ontario law. However, Canadian courts apply this exception very rarely. For instance, the Court of Appeal confirmed in Huether v. Sharpe that ongoing harm does not delay time. Therefore,…

September 11, 2026

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Can You Be Fired for a Failed Drug Test in Ontario?

In Ontario, an employer can dismiss an employee for just cause after a failed drug test, but only under specific legal circumstances. A clear workplace policy must exist, the worker must understand it, and management must enforce it consistently without ignoring any substance-dependency disability. A decision of the Ontario Superior Court of Justice, McCarthy v. Bison Transport Inc., confirms how demanding this legal standard remains in practice. If you have been terminated after a failed drug test in Ontario, or…

September 9, 2026

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How to Succeed in Setting Aside a Noting in Default

If you have been noted in default in a civil lawsuit, you have not automatically lost your case. In most situations, you can successfully set aside a noting in default in ontario if you take quick legal action. Understanding how this process works protects your right to defend yourself before a final monetary judgment gets entered against you. This legal guide explains what a default notation means, its immediate consequences, and how courts evaluate motions in both the Superior Court…

September 8, 2026

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How to Get an Injunction in Ontario

Not every legal dispute can wait for a full trial to reach a resolution. When someone threatens action that causes immediate, irreversible damage, money alone cannot fix the problem. Learning how to get an injunction in Ontario allows businesses and individuals to stop harmful conduct before permanent loss occurs. This comprehensive legal guide explains the definition of an injunction, the primary categories available, and the criteria applied by courts across the province. What Is an Injunction in Ontario Court Proceedings? An…

September 4, 2026

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Do I Need a Lawyer in Ontario? When Advice Matters

Not every legal matter requires a lawyer in Canada. In many cases, individuals are permitted to represent themselves. However, deciding whether to manage a case alone requires careful consideration. When significant money, business interests, employment rights, or estates are involved, asking do I need a lawyer in Ontario becomes a critical first step. Early guidance helps you understand options, avoid costly errors, and protect long-term interests. When Is a Lawyer Required in Ontario? Ontario law mandates professional legal representation in specific…

September 3, 2026

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Settle or Go to Trial in Ontario: How to Decide

One of the most important decisions in a lawsuit is deciding whether to accept a settlement or proceed to court. Litigants frequently evaluate whether to settle or go to trial in Ontario when assessing resolution strategies. Every legal dispute involves unique facts, financial considerations, and personal goals. Settlement offers immediate closure and predictable terms. Conversely, proceeding to trial may become necessary when parties remain far apart, key facts are contested, or a settlement offer fails to reflect the value of…

September 3, 2026

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Limitation of Liability Clause Ontario: Good Faith Claims

A Limitation of Liability Clause Ontario ruling recently confirmed that businesses can cap damages for bad faith contract breaches. Therefore, if your business negotiates commercial contracts, this Court of Appeal decision provides vital legal guidance. Furthermore, the ruling has significant implications for businesses managing corporate agreements and commercial litigation. Z Legal Professional Corporation | Toronto | Commercial Litigation By Martin Zatovkanuk, Barrister & Solicitor (LSO No. 56680Q) · Last updated: August 2026 · About 6 minutes to read Quick Answer: Under Ontario law, sophisticated…

August 13, 2026

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AI Defamation Ontario Business Legal Risks

Navigating an AI Defamation Ontario Business issue has quickly become a critical challenge for corporate leaders and brand owners. Specifically, a regional court in Munich granted an injunction against Google after its AI search summaries falsely suggested that two publishing companies engaged in deceptive business practices. Because the platform controlled the algorithm that produced those statements, the court held the company accountable as the author. Consequently , this establishes a vital legal warning: when an…

August 6, 2026

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Commercial Litigation

When Your Contract Says the Loser Pays “Full Legal Costs,” Will an Ontario Court Agree?

Settlement Disclosure in Ontario: Handley Estate Overruled

What Is the 15-Year Ultimate Limitation Period in Ontario?

Can You Be Fired for a Failed Drug Test in Ontario?

How to Succeed in Setting Aside a Noting in Default

How to Get an Injunction in Ontario

Do I Need a Lawyer in Ontario? When Advice Matters

Settle or Go to Trial in Ontario: How to Decide

Limitation of Liability Clause Ontario: Good Faith Claims

AI Defamation Ontario Business Legal Risks

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