01 Plain Language for clients and counsel
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Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Plain-language explainers, case commentaries, and practice notes across civil litigation, commercial litigation, business law, appeals, and select cross-border topics. Read, then get in touch if your situation calls for it. The Information Portal is a working archive, not marketing copy. Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle.
What you'll find
Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle. The aim is practical: explain the doctrine, note what has changed, and point to what matters next. Long-form articles, case commentary, and short practice notes on the mechanics of procedure.
Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Recent developments, new case law, and procedural changes, written up as they happen with the practical consequences drawn out plainly.
Actionable takeaways so readers can move from reading to decision-making, whether that is on their own, with in-house counsel, or with us.
The information provided on this site is for general informational purposes only and should not be relied upon as legal advice. Content may not be comprehensive or current at the time you read it. Consult a qualified lawyer on any specific legal question or matter. Grigoras Law is not responsible for any damage or loss arising from reliance upon this information.
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The competence-competence principle in s. 17 of the Arbitration Act, 1991, the kinds of jurisdictional objection the cases recognize, the time limits in ss. 17(3) and 17(5) and the waiver that follows from missing them, the tribunal’s choice between a preliminary ruling and an award, the s. 17(8) application as a hearing de novo on a thirty (30) day clock, the remedies the court can and cannot grant, the bar on appeals in s. 17(9) and its two (2) limits, the s. 46 route after the award, and the parallel regime for international arbitrations under art. 16 of the Model Law and s. 11 of the International Commercial Arbitration Act, 2017.
The code in s. 54 of the Arbitration Act, 1991 for the costs of an arbitration, what those costs include, why the Rules of Civil Procedure and the court’s scales do not bind an arbitrator, the role of offers to settle under s. 54(5), the costs clause in the arbitration agreement, the tribunal’s fees, advances and security for costs, interest under s. 57, the narrow routes for challenging a costs award by appeal or set-aside, the enforcement of a costs award under s. 50, and the costs of the court proceedings that surround an arbitration.
The injunctions, preservation orders, Mareva orders and receiverships available while a commercial arbitration is pending, the tribunal’s own powers under ss. 18 and 31 of the Arbitration Act, 1991, which bind only the parties to the agreement, the court’s parallel jurisdiction under s. 8(1), the RJR-MacDonald test as the Commercial List applies it when an arbitration is the forum for the merits, the undertaking as to damages, and the Model Law regime of arts. 9 and 17 to 17J for international arbitrations.
The mandatory stay under s. 7 of the Arbitration Act, 1991 when a party sues despite the arbitration clause, the two-part framework from Peace River and the “arguable case” standard, the competence-competence principle and its two (2) exceptions, the five (5) statutory exceptions in s. 7(2), the step in the proceeding, partial stays under s. 7(5), the bar on appeals in s. 7(6), and the stay under art. 8 of the Model Law for international agreements.
The application under s. 50 of the Arbitration Act, 1991 that turns an award into a judgment of the Superior Court of Justice, the four (4) circumstances in which the court may decline, the thirty (30) days and the pending challenge, the ten-year limit, the recognition of international and foreign awards under the International Commercial Arbitration Act, 2017 and the New York Convention, and collection once judgment is given.
The three (3) appeal regimes in s. 45 of the Arbitration Act, 1991, what the words “final and binding” do to the right of appeal, the leave test and what counts as a question of law, the standard of review after Vavilov, the thirty-day limit, and the further appeal to the Court of Appeal.
What s. 46 of the Arbitration Act, 1991 lets a court do with an award, why its ten grounds are not an appeal, how the Court of Appeal has read the jurisdiction and fairness grounds, the thirty-day limit that no court can extend, and what the application looks like from the award to the Court of Appeal.
What the Arbitration Act, 1991 and the Evidence Act say about proof before an arbitrator, why hearsay is received and weighed rather than excluded, and the questions of evidence that decide most commercial arbitrations, from business records to the witness who is not called and cross-examination on a written statement.
The comfortable assumption that nothing is binding until the final purchase agreement is signed is wrong, and acting on it can be expensive. Canadian law determines whether a binding M&A agreement exists by asking what a reasonable observer would conclude from the parties’ words and conduct. A letter of intent, a term sheet, a handshake, or a casual thread of emails can all bind you. This article explains the law of pre-execution liability in M&A and the specific traps that recur in the case law.
A senior executive who learns of a promising business opportunity faces a deceptively difficult question. Can the executive pursue the opportunity personally, or does it belong to the company? Canadian law on appropriation of corporate opportunity tells executives, and their lawyers, that the question deserves more caution than first instinct suggests. This article explains the doctrine, the leading authorities, and the practical guidance for fiduciaries facing real-time decisions.
A senior employee resigns. You suspect they have copied your customer list, are recruiting your team, and have been quietly soliciting your customers for weeks. What can you actually do, and how fast? This is a practical playbook for the first 72 hours and beyond, covering fiduciary duties, the duty of fidelity, restrictive covenants, springboard injunctions, Anton Piller orders, and the remedies available to Ontario employers.
The trust is one of the most useful legal devices in the common law, but not all trusts are alike. Express trusts are deliberately created. Resulting trusts are implied by law. Constructive trusts are imposed by courts as a remedy. This guide explains each category and the practical consequences for litigants.
Lawsuits do not always involve parties who live in the same province. When a dispute crosses provincial or international borders, the first question is whether the Ontario court has the power to hear the case at all. This guide explains how that question is answered.
Contracts are built on the assumption that both parties know what they are agreeing to. But when one or both parties are wrong about a material fact, the terms of the agreement, or even who they are contracting with, the law of mistake may allow the contract to be voided, set aside, or corrected.
Toronto condo prices have dropped sharply, leaving pre-construction buyers facing financing gaps of $100,000 or more. Many signed agreements years ago and cannot close at the original price. This guide explains every legitimate legal exit available to Ontario pre-construction condo buyers, from the right to rescind where disclosure was never properly delivered, to the 10-day cooling-off period, material change rescission, Tarion delayed closing termination, early termination conditions, financing conditions, equitable rescission for misrepresentation, and assignment.
Winning a lawsuit is one thing. Collecting on the judgment is another. Ontario provides a full arsenal of enforcement tools: writs of seizure and sale, garnishment, examination in aid of execution, receivers, fraudulent conveyances proceedings, civil contempt, and more. This guide explains every major enforcement mechanism available to judgment creditors in Ontario, how each one works, when to use it, and how to combine them for maximum recovery.
Arbitration offers businesses a faster, more private and more flexible alternative to court litigation, but it is governed by a detailed legal framework that every party to an arbitration clause should understand. This guide explains how arbitration works in Ontario, covering the legislative framework, the arbitration agreement, how proceedings are conducted, the role of the courts, and how awards are challenged and enforced, including the principles of competence-competence, party autonomy and separability that shape every arbitration from start to finish.
Franchising accounts for over $120 billion in annual Canadian sales. Ontario’s Arthur Wishart Act gives franchisees some of the strongest statutory protections in the country, including strict pre-sale disclosure requirements and strong rescission rights. This article explains how franchising is regulated in Ontario and across Canada, what the key franchise agreement provisions mean in practice, how courts have treated the franchisor-franchisee relationship, and how Canadian law compares to the US regime.
Guarantees are signed every day in commercial transactions, as a condition of a bank loan, a commercial lease or a franchise agreement. They create serious personal liability, and they are often signed without full understanding of the risk. This article explains what guarantees are, what makes them enforceable, the defences available when a creditor calls on a guarantee, and the rights a guarantor has against both the creditor and the principal.
If someone has wronged you, there is a period of time within which you can sue, and once it has passed, it has passed for good. Ontario’s limitation periods framework sets a two-year basic deadline running from discovery, and a fifteen-year ultimate cap. But the rules are less simple than they look. This guide explains when the period starts, when it can be paused, how specific claims like defamation, personal injury, and contract disputes are treated, and what happens across the country.
Money laundering is one of the most serious financial crimes in Canada, and the obligation to detect and report it falls on a surprisingly wide range of businesses. Banks, real estate agents, lawyers, accountants, casinos, and dealers in precious metals all have detailed compliance obligations under the PCMLTFA. This guide explains the law, who it applies to, and what the consequences of non-compliance are.
A real estate agent’s legal obligations go far beyond finding a buyer or showing properties. In Ontario, agents operate under TRESA, the Code of Ethics, fiduciary duties, and the general law of negligence and misrepresentation, all at once. This article explains what those obligations are, illustrated with real cases where agents were found liable for falling short of them.
The most important question in any contract dispute is what remedy the injured party can obtain. This article covers the remedies for breach of contract in Canada, including compensatory damages, specific performance, injunctions, gains-based recovery and punitive damages, along with the limiting rules that govern each.
When you know a wrong has been committed but cannot identify who did it, ordinary civil procedure offers no path forward. The Norwich Order fills that gap. It compels a third party mixed up in wrongdoing to disclose information before proceedings start, allowing a victim to identify a wrongdoer, trace stolen assets, or confirm whether a cause of action exists. This article explains the test, the limits, and how the remedy works in practice.
Silence is generally not fraud, but in a range of circumstances it is, and the consequences are the same as those of an outright lie. This article explains when Canadian courts will find that a party’s failure to speak is actionable fraud, what duty to disclose arises and from what relationships, how half-truths are treated, and how fraudulent concealment can suspend limitation periods that would otherwise bar a claim.
Here is a scenario that sounds almost too harsh to be real. A woman agrees to pay her ex-husband’s life insurance premiums in exchange for
When people or organizations place their trust in someone to act on their behalf, the law imposes a special standard of conduct known as a
Breach of Confidence in Canadian Law: Trust, Misuse, and Remedies In commercial and professional relationships, trust is currency. Parties routinely exchange non-public information, such as
Urgent Commercial Remedies in Ontario: Protecting Rights Before It’s Too Late Commercial disputes can escalate quickly, especially where there is a risk that evidence will
Businesses of every size invest substantial time and money into developing their brand, trade names, and goodwill. Whether it’s a distinctive logo, a well-recognized label, a slogan that resonates with customers, or even a unique style of packaging, these assets help a business establish its identity and build a loyal consumer base. When others attempt to imitate or capitalize on this reputation, confusing the public in the process, the law of passing off and unfair competition in Canada comes into play.
When it is time to move from reading to resolving, Grigoras Law handles civil, commercial, and appellate matters across Ontario, and select cross-border files. The right counsel changes the calculation. For plaintiffs, that means a practical assessment of viable causes of action, a realistic view of recovery prospects, and a clear read on urgent interim relief if the facts support it. For defendants, it means pleadings assessed, defences triaged, and a strategy that keeps the file from consuming your business while it runs.
A contract has been breached, a partner has acted against your interests, a director has crossed a line, or money is at risk of disappearing. You want to understand what can be recovered, what urgent relief is available before trial, and whether the case is worth running.
Start plaintiff intake → Defendant intakeYou have been served with a statement of claim, an oppression application, or a demand that threatens proceedings. You need the pleadings assessed, the defences triaged, and a strategy that keeps the file from consuming your business while it runs.
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