Adam Walji

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Articles

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the

Jan 17, 2025 | bennettjones.com | Alex Payne |Adam Walji

Stay Up-To-DateRead the most recent Class Action Quick Takes and stay informed with the latest key developments, trends and strategies in the class action arena by subscribing to receive future insights. In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class Proceedings Act, 1992, SO 1992, c 6.
Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial | JD Supra

Jan 6, 2025 | jdsupra.com | Adam Walji

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set down the action for trial for over 20 years, which was found to be inordinate and inexcusable delay. Barbiero is notable for two reasons.
Ontario Court of Appeal Orders Rehearing of Environmental Charter Challenge | JD Supra

Dec 5, 2024 | jdsupra.com | Julia Schatz |Adam Walji

[co-author: Sophia DiNicolo - Articling Student]In Mathur v Ontario, 2024 ONCA 762, the Court of Appeal for Ontario held that Ontario’s Cap and Trade Cancellation Act (CTCA) was a voluntary assumption by the provincial government to combat climate change and, thus, required the government to ensure that the corresponding plans and targets align with the Canadian Charter of Rights and Freedoms (Charter).
Ontario Court Of Appeal Endorses Objective Standard For Determining Arbitrator Disclosure And Disqualification Under The Model Law

Nov 27, 2024 | mondaq.com | Alison FitzGerald |Adam Walji

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) are to be determined according to an objective standard.
Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification | JD Supra

Nov 26, 2024 | jdsupra.com | Alison FitzGerald |Adam Walji

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) are to be determined according to an objective standard.
Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

Nov 25, 2024 | bennettjones.com | Alison FitzGerald |Adam Walji

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) are to be determined according to an objective standard.
Context matters: Ontario court again refuses to dismiss for delay under s. 29.1 - Law360 Canada

Nov 21, 2024 | law360.ca | Alex Payne |Adam Walji

ADVERTISEMENT Don't want ads? Subscribe or login now. By Alex Payne and Adam Walji ( November 21, 2024, 10:55 AM EST) -- The Ontario Superior Court of Justice in McRae-Yu v. Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu), continued the recent trend of refusing to dismiss a proposed class action for delay under section. 29.1 of the Class Proceedings Act, 1992.
Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section

Oct 25, 2024 | bennettjones.com | Alex Payne |Adam Walji

Stay Up-To-DateRead the most recent Class Action Quick Takes and stay informed with the latest key developments, trends and strategies in the class action arena by subscribing to receive future insights. In McRae-Yu v Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu) the Ontario Superior Court of Justice refused to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992.
Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates | JD Supra

Sep 26, 2024 | jdsupra.com | Nathan Shaheen |Adam Walji

[co-author: Sophia DiNicolo - Articling Student]In its recent decision in Ingram v Kulynych Estate,1 the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year limitation period outlined in s. 38(3) of the Trustee Act,2 rather than the 10-year limitation period under s.
The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

Aug 8, 2024 | bennettjones.com | Robert Staley |Preet Gill |Doug Fenton |Adam Walji

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the principle that "every claim is swept into the bankruptcy and that the bankrupt is released from all of them upon being discharged unless the law sets out a clear exclusion or exemption." The Supreme Court’s decision clarifies the differing treatment of administrative...

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Adam Walji

Articles

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial | JD Supra

Ontario Court of Appeal Orders Rehearing of Environmental Charter Challenge | JD Supra

Ontario Court Of Appeal Endorses Objective Standard For Determining Arbitrator Disclosure And Disqualification Under The Model Law

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification | JD Supra

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

Context matters: Ontario court again refuses to dismiss for delay under s. 29.1 - Law360 Canada

Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates | JD Supra

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

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