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.
What the platforms do with a complaint, why a court order is usually the only thing they act on, and the steps from the demand letter to the judgment that gets the content taken down.
What the arbitration clause in a shareholders’ agreement does when a partner sues for oppression anyway, and what an arbitrator can order once the dispute gets there.
Every day Canadians publish harsh opinions in Google reviews, Facebook posts, tweets, and blog posts. Most of it is lawful, because Canadian law contains a powerful defence built to protect exactly this kind of speech. But the fair comment defence is not automatic: it protects opinion, not fact, it requires accurate and disclosed factual foundations, and it can be destroyed by malice. This article explains how the defence works and how to write so that it applies to you.
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.
Limited liability is the starting point of corporate law, not the end of the analysis. Canadian directors can be personally liable for their own torts, for up to six months of unpaid wages, for every dollar of unremitted source deductions and HST, for environmental contamination, and under the oppression remedy. This comprehensive overview explains when personal liability attaches, what defences exist, and how directors can manage their exposure, with a reference chart summarizing the principal sources of liability.
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 navigating real-time decisions.
Buying a franchise is one of the most consequential financial decisions a business person can make. The initial investment can run into the millions, the contract will bind you for years, and the protections you have lie almost entirely in the work you do before signing. This guide is a practical playbook for prospective franchisees: self-assessment, brand evaluation, disclosure review, financial analysis, talking to current and former franchisees, and the red flags that should stop you from proceeding.
The question we hear most often from clients considering an appeal is “How long do I have to file?” The answer depends on the court, the type of order, and whether the appeal is as of right or requires leave. Some appeals must be commenced within seven days. Most have 30. The Supreme Court of Canada operates on 60. This article explains each deadline, how it is calculated, what happens when costs are decided after the merits, and what to do if the deadline has already passed.
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 litigation toolkit available to Ontario employers.
If you have ever heard of a court ordering a seller to actually transfer the property they agreed to sell, or stopping a noisy factory from operating at midnight, or forcing someone to give back a house they tricked an elderly relative out of, you have seen equity at work. This is a tour of equity for the general reader: what it is, where it came from, and why it still matters.
The trust is one of the most powerful 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.
The Ontario Superior Court’s recent decision in McPherson v. Global Growth Assets Inc. is the first substantive interpretation of Ontario’s statutory protection from reprisals against securities whistleblowers. This article explains the framework, the decision, and its implications for registrants, their boards, and officers with statutory compliance responsibilities.
Who pays when the HVAC fails, the roof leaks, or a new building code requires expensive upgrades? The answer depends on the lease, the nature of the damage, and sometimes on principles of equity that courts apply to temper harsh results. This guide explains how Ontario courts allocate commercial lease repair obligations.
Mergers and acquisitions are among the most complex transactions in commercial law. When something goes wrong, the litigation that follows is every bit as complex as the deal itself. This guide explains the most common ways disputes arise from private M&A transactions in Canada.
If you retain an Ontario law firm, you might assume the invoice will always include 13% HST. That assumption is wrong more often than most clients and lawyers realize. The tax rate depends on where you are, what the legal work involves, and whether you are a Canadian or foreign client.
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.
Imagine being sued not because you did something wrong, but because you spoke up. SLAPPs, Strategic Lawsuits Against Public Participation, are civil proceedings launched by powerful plaintiffs to silence critics through the cost and stress of litigation, not to recover genuine damages. Ontario’s Protection of Public Participation Act gives defendants a powerful tool to have these proceedings dismissed at an early stage. This guide explains what SLAPPs are, how the anti-SLAPP motion test works, what the Supreme Court of Canada has said, and what someone facing this kind of lawsuit can do about it.
A director resigns in anger at the end of a heated board meeting. Two days later, they want the resignation back. Can they simply withdraw it? The answer is no, not without the board’s consent. Once a director submits a valid written resignation, the corporation decides whether to accept the withdrawal, not the director. This post explains how resignation works under the CBCA and OBCA, what makes a resignation legally effective, and what Canadian courts have said about the limits of unilateral withdrawal.
The modern business enterprise rarely operates through a single corporation. Most businesses of any scale structure their operations across multiple related legal entities. This guide explains how subsidiary corporations work under the Canada Business Corporations Act and the Ontario Business Corporations Act, why businesses use them, and what legal consequences flow from the parent-subsidiary relationship, including the limits of separate legal personality and when courts will disregard it.
The absence of a shareholders’ agreement does not mean the absence of rules. It means the default statutory rules apply, and those rules were not written with your specific business in mind. For closely held corporations, the mismatch between the statutory defaults and the parties’ actual intentions is often severe. This guide explains what shareholders’ agreements are, how they interact with the corporate constitution, what every well-drafted agreement should contain, and the legal consequences of getting them wrong.
Government contracts represent some of the most significant commercial opportunities available to Canadian businesses, and some of the most legally demanding. From the Contract A doctrine to the Canadian International Trade Tribunal, the rules governing how governments award contracts are extensive, binding, and legally consequential. This guide explains how government procurement works, what your legal obligations are when you submit a bid, and what remedies are available if a government buying institution does not follow the rules.
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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