Gilbertson Davis LLP

Gilbertson Davis LLP Gilbertson Davis LLP, a Toronto law firm dedicated to the practice of insurance, real estate, commercial and business litigation

Breach of Agreement of Purchase and Sale – What are Your Options?
10/29/2021

Breach of Agreement of Purchase and Sale – What are Your Options?

The Ontario Court of Appeal (ONCA) in Ching v. Pier 27 Toronto Inc., 2021 ONCA 551 (CanLII), recently outlined the options an innocent party to an agreement of purchase and sale (APS) has upon the other party breaching (i.e. repudiating) the APS. General Principles Repudiation is the refusal of one....

Supreme Court of Canada Clarifies Duty Of Honest Performance In Contractual Relationships
10/19/2021

Supreme Court of Canada Clarifies Duty Of Honest Performance In Contractual Relationships

The Supreme Court of Canada offers clarity on the duty of honest performance in contracts. Here's what you need to know:

Reinsurance Arbitrator and Mediator
10/15/2021

Reinsurance Arbitrator and Mediator

Toronto Reinsurance Arbitrator – David Alderson, LL.B, LL.M, Qualified Arbitrator David Alderson has reinsurance law practice experience in Canada, Bermuda and London, England, and offers appointment as a sole arbitrator and panel arbitrator in both domestic and international reinsurance arbitrati...

Recognition of Foreign Judgments – The Ontario Courts will not Recognize Enforcement Orders (a.k.a. “Ricochet Judgments”...
09/23/2021

Recognition of Foreign Judgments – The Ontario Courts will not Recognize Enforcement Orders (a.k.a. “Ricochet Judgments”)

In H.M.B. Holdings Ltd. v. Attorney General of Antigua and Barbuda, 2021 ONSC 2307, on a summary judgment motion, the Ontario Superior Court of Justice (“OSCJ”) found that there was no genuine issue requiring a trial and subsequently dismissed the plaintiff’s action (commenced on May 6, 2019) ...

Case Management Arbitrator - Arbitration
09/22/2021

Case Management Arbitrator - Arbitration

Access to Justice The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard. Video conference arrangements in the courts are evolving. We are mindful that both criminal a...

Arbitrator with Reasonable Hourly Fee Rate
09/17/2021

Arbitrator with Reasonable Hourly Fee Rate

David Alderson – Experienced Commercial Arbitrator with Reasonable Hourly Fee Rate of $375.00, plus Facilities and H.S.T. David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial, international commercial, business dispute,...

Commercial Mediator, David Alderson
09/14/2021

Commercial Mediator, David Alderson

Need a Commercial Mediator? Good Availability | Fair and Reasonable Fees David Alderson is a Commercial Mediator: Hourly Rates: from $375.00 per hour, plus facilities and applicable taxes. Daily Rates and Half-day Rates available. Language: English Commercial Mediator – Approach to Resolving Dispu...

Breach of Contract Lawyers – Can Contracts Without a Termination Clause be Terminated Unilaterally?
08/26/2021

Breach of Contract Lawyers – Can Contracts Without a Termination Clause be Terminated Unilaterally?

Ontario’s Court of Appeal (“ONCA”) in Conseil Scolaire Catholique Franco-Nord v. Nipissing, 2021 ONCA 544 opined on how contracts that do not specify a termination date or a procedure for termination ought to be interpreted. The ONCA grappled with the question of whether to treat a contract th...

Court of Appeal Upholds Judicial Ruling Recognizing Anti-Black Racism in Commercial Lease Dispute
08/24/2021

Court of Appeal Upholds Judicial Ruling Recognizing Anti-Black Racism in Commercial Lease Dispute

Ontario Court of Appeal upholds a Superior Court ruling made against a commercial landlord which made note of anti-black racism against the tenant.

Ontario’s Commercial Mediation Act and Institutional Mediation Rules
08/16/2021

Ontario’s Commercial Mediation Act and Institutional Mediation Rules

Further to our blogs (Part I, Part II, and Part III) on Ontario’s Commercial Mediation Act, 2010, S.O. 2010, c. 16, Sched. 3 (the “Act”), where we provided an outline of the various sections of the Act, this blog endeavours to neutrally highlight some, but not all, of the major differences bet...

Buyer Breached Agreement of Purchase and Sale? Damages Awards and Importance of Mitigation
07/08/2021

Buyer Breached Agreement of Purchase and Sale? Damages Awards and Importance of Mitigation

In the Court of Appeal’s (“ONCA”) recent decision Tribute (Springwater) Limited v. Atif, 2021 ONCA 463 (CanLII) the ONCA clarifies the law regarding damages and mitigation in cases involving aborted real estate transactions. This decision involves an appeal from a summary judgment granting the...

When Construction Contracts Go Awry: Ontario’s New Construction Contract Adjudication Regime
06/08/2021

When Construction Contracts Go Awry: Ontario’s New Construction Contract Adjudication Regime

Involved in a construction contract dispute? A newly established adjudication regime has become an important option to consider.

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