Andrea Korajlija Andrea Korajlija

No set aside for constructive fraud under Ontario’s Arbitration Act

An Ontario Court of Appeal decision held that “fraud” in the Arbitration Act is limited to the common law definition and does not include the...

Crypto, competence-competence, and the courts: analyzing the Ontario Court of Appeal’s decision in Lochan v. Binance

Ontario Court of Appeal provides guidance on competence-competence principle and enforceability of arbitration clauses in standard-form contracts.

Just in: IBA updates 2024 Guidelines on Conflicts of Interest in International Arbitration

The International Bar Association has updated its Guidelines on Conflict of Interest in International Arbitration following broad consultation. Sonia...

BCCA grants partial stay of class proceeding in favour of arbitration

A recent proposed class action alleged that loot boxes in video games were illegal under Canadian law. Lauren Tomasich and Andrea Korajlija explain...

Who’s footing the bill? Court of Appeal upholds the narrow circumstances for holding a non-party litigation lender liable for costs

A recent Court of Appeal of Ontario decision highlights that defendants may not be able to recoup their costs from non-party litigation funders.

Identifying the real intruder – ONCA defines the scope of the tort of intrusion upon seclusion

The Court of Appeal for Ontario assesses the use of the tort of intrusion upon seclusion relating to personal information in the context of a...

The Ontario Divisional Court’s preferred approach to the preferable procedure analysis

In Curtis v. Medcan Health Management Inc., 2022 ONSC 5176 (Curtis), the Divisional Court overturned the Ontario Superior Court’s dismissal of...

$1.2-million substantial indemnity costs order is cautionary tale for class counsel

Unduly aggressive or unmeritorious claims can lead to significant costs consequences, as the recent $1.2-million substantial indemnity costs order in...