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19 Aug

Security for costs victories

Monday, August 19, 2024Stephen A. Thiele, Anna Husa, Howard Wolch, James Beesley, Isabel YooLitigationCivil Procedure, Security for Costs

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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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22 Dec

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

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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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14 Dec

Court sets aside non-competition injunction

Tuesday, December 14, 2021Stephen A. Thiele, Howard WolchLitigationInjunction, Non-competition injunction

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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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26 Aug

Court finds 500% “penalty” clause enforceable

Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract

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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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30 Jul

Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative

Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration

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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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