Security for costs victories
Monday, August 19, 2024Stephen A. Thiele, Anna Husa, Howard Wolch, James Beesley, Isabel YooLitigationCivil Procedure, Security for Costs
Under rule 56.01 of the Rules of Civil Procedure, a defendant can protect themselves against the costs of a legal proceeding by seeking an order that the...
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Distribution under ambiguous disposition provision in Will made on a per stirpes basis
Wednesday, December 22, 2021Stephen A. Thiele, Howard Wolch, Lindsay Ann Histrop, Eli BordmanLitigation, Estate PlanningWills, Interpretation
A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person’s estate after his or her death. It is, of course,...
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Court sets aside non-competition injunction
Tuesday, December 14, 2021Stephen A. Thiele, Howard WolchLitigationInjunction, Non-competition injunction
An injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction. Accordingly, where such...
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Court finds 500% “penalty” clause enforceable
Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract
In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...
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Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative
Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration
Courts are not the only place where parties can have their civil disputes resolved. Parties can mutually agree to have their disputes resolved by a mediator or by...
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