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Defamation – Collection of Damage Awards

Defamation – Collection of Damage Awards Though defamation lawsuits are relatively rare, (likely owing to their cost and the fact that insurance coverage is not commonly available), damage awards can still be substantial, as illustrated in the recent McNairn v Murphy, 2017 ONSC 1678 (CanLII) case. In that decision, Justice Beaudoin canvassed awards from a…

When Will a Court Refuse To Enforce a Contract As Unconscionable?

When Will a Court Refuse To Enforce a Contract As Unconscionable? In certain circumstances, the Court will refuse to enforce the written terms of a contract. The recent case of Singh v. Trump, 2016 ONCA 747 provides one such example. In that case, which I’ve written about in more detail here, two condo buyers alleged…

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Challenging Expert Business Valuations At Trial

Challenging Expert Business Valuations At Trial Where the value of a business is disputed at trial, work should start at discovery (if not before) to determine the facts upon which an opposing expert will base his/her valuation, and the reasons used therein in support of such business valuation. The final business valuation (expert report) should…