Milton Davis appeared in the Supreme Court of Canada on Southcott Estates Inc. v. Toronto Catholic District School Board on March 20, 2012. Mr. Davis’s co-counsel was Thomas Curry of Lenczner Slaght Royce Smith Griffin LLP. You can watch the Supreme Court’s webcast of Mr. Davis’s appearance here. Overview: The Toronto Catholic District School Board entered [...]

Ben V. Hanuka was successful in obtaining judgment for compensation and bad faith punitive damages in a complex franchise case against Country Style.  The decision of the Superior Court of Justice is the first Ontario decision dealing with disclosure and rescission rights that are intertwined with bad-faith conduct in the franchise renewal process.  Case name: [...]

Royal Bank of Canada v. Slopen, 2011 ONCA 516 Ontario Court of Appeal July 12, 2011 Milton Davis and co-counsel Tom Curry of Lenczner Slaght Royce Smith Griffin LLP were successful in the Court of Appeal in upholding the trial judge’s decision which held a solicitor liable for negligence as a result of failing to [...]

Farber v. Goldfinger, 2011 ONSC 2044 Ontario Superior Court of Justice March 31, 2011 Milton Davis and Ben V. Hanuka brought a motion to strike a the Report of a Trustee in Bankruptcy on the basis that the Report was inadmissable evidence. Mr. Davis and Mr. Hanuka had previously brought a motion to have the [...]

THE DUTY OF GOOD FAITH Contract law generally has long accepted the concept of   good faith as an implied obligation in the performance of contracts.  In Dynamic Transport v OK Detailing[1]  the Supreme Court of Canada said: “The court will also imply that each party is under an obligation to do all that is necessary [...]

Alternatives to litigation should be considered for many disputes that arise between parties to commercial leases. This paper is designed to give an overview of the arbitration process. Hopefully it will help to determine when and how commercial landlords and tenants should use an arbitration provision in a commercial lease.