416.597.0000

Marc Kestenberg

Selected Publications
  • Court of Appeal reaffirms standard for courts to imply contractual terms – July 15, 2015
  • Supreme Court of Canada clarifies test for admissibility of expert evidence – May 1, 2015
  • Ontario’s Court of Appeal provides guidance on franchisors’ disclosure obligations – April 30, 2015
  • Freedom of contract vs. protection of franchisees: Ontario Court of Appeal applies doctrine of severance to a release provision in a franchise agreement – March 18, 2015
  • Solicitor-client privilege trumps federal anti-terrorist laws – February 19, 2015
  • Are documents prepared by a regulatory body privileged? The Court of Appeal says: it depends… – February 6, 2015
  • Court of Appeal for Ontario looks to uniqueness of transaction as grounds for specific performance – December 8, 2014
  • Ontario’s Court of Appeal affirms principles of contractual interpretation and the standard of review in contractual disputes – September 17, 2014
  • Fair enough – new Commercial List decisions reverse course on fairness opinions – June 16, 2014
  • Only express contractual language ousts settlement privilege – May 23, 2014
  • Limitation period to sue for contribution or indemnity – May 15, 2014
  • Fair enough – Commercial List reconsiders fairness opinions and the timing of plans of arrangement – April 2, 2014
  • Court of Appeal for Ontario pierces the corporate veil for “wrongful” conduct – March 6, 2014
  • Court of Appeal for Ontario rejects a “race to res judicata” – February 18, 2014
  • Shotgun clauses: Court of Appeal for Ontario upholds shareholders’ right to go “all or nothing” – January 20, 2014
  • Forum selection clauses apply to non-signatories in limited circumstances – January 16, 2014
  • The limitation clock: which way is the pendulum swinging? – January 9, 2014
  • Court of Appeal for Ontario confirms test for assumption of jurisdiction by Ontario Courts – November 4, 2013

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