Appealing Briefs

McCarthy Tétrault

Hosted by partner Adam Goldenberg, Appealing Briefs provides brief updates on recent cases from Canada’s courts of appeal. Learn the key takeaways and discover how the decisions will affect businesses and industry in these short interviews with Canada’s leading lawyers and business advisors. McCarthy Tétrault LLP is providing this podcast as a public service, and while it may contain legal information, it is neither legal advice nor a legal opinion, recommendation or statement of policy of McCarthy Tétrault LLP.

  1. JAN 12

    25. Sinclair: Jurisdiction over foreign defendants in Canadian courts

    When may a foreign defendant be called to answer a lawsuit in a Canadian courtroom? In Sinclair v. Venezia Turismo, the Supreme Court of Canada explored the limits of Canadian courts’ jurisdiction, in a case that arose out of a water taxi accident in Italy. Adam Goldenberg speaks with McCarthy Tétrault senior litigation associate Rachel Chan about the Court’s judgment and its implications for non-Canadian individuals and businesses facing litigation in Canada.

    10 min
  2. 24. Kosicki: Adverse Possession, Statutory Interpretation, and the Common Law

    2025-12-17

    24. Kosicki: Adverse Possession, Statutory Interpretation, and the Common Law

    Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not — and that a couple who had used a strip of city-owned parkland as part of their backyard had become its rightful owners. Adam Goldenberg speaks with McCarthy Tétrault lawyers Jonathan Nehmetallah and Gregory Ringkamp about the implications of this decision for landowners and municipalities, and about the relationship between civil legislation and the common law.

    11 min

  3. 2025-09-24

    23. Tataryn and Barbiero: Dismissing class actions for delay

    When should – or must – a class action be dismissed for delay? In Tataryn v. Diamond & Diamond Lawyers LLP and Barbiero v. Pollack, the Court of Appeal for Ontario applied new legislation and jurisprudence to take a stricter approach. Adam Goldenberg speaks with McCarthy Tétrault partner Marina Sampson about the implications for civil litigation and for businesses that may face proposed class proceedings.

    11 min

  4. 2025-05-27

    22. Chemtrade: How should courts use evidence about contract negotiation to interpret the words of a contract?

    In Chemtrade v. Superior Plus, Alberta’s Court of Appeal considered the extent to which courts can use evidence of a contract’s surrounding circumstances and parties’ “common understanding” to interpret the written terms of a contract. Adam Goldenberg speaks with McCarthy Tétrault partner Laura Gill and associate Emily Ward about the implications for businesses negotiating commercial agreements.

    9 min

  5. 2025-05-12

    21. Benchwood: Can businesses sue for negative online reviews?

    When is litigation available to fight back against false and damaging online reviews? Adam speaks with McCarthy Tétrault partner Dorothy Charach and associate Lauren Weaver about the Court of Appeal for Ontario’s decision in Benchwood Builders, the use of anti-SLAPP legislation, and the implications for defamation law more generally.

    11 min

  6. 2025-04-28

    20. When can dishonesty breach a contract? Ocean Pacific and Heritage Property

    Could dishonesty during contractual negotiations or after a contract’s termination constitute a breach of the duty of honest performance? Adam speaks with McCarthy Tétrault partner Brandon Kain, author of Good Faith in Canadian Contract Law, about two recent appellate decisions that consider the duty’s temporal and legal limits.

    13 min

  7. 2025-04-07

    19. Working Families and the right to vote

    By a narrow majority, the Supreme Court of Canada has struck down Ontario's limits on electoral advertising spending by business associations, labour unions, and other "third parties". On this episode, Adam speaks with McCarthy Tétrault litigator Connor Bildfell about the implications of the Working Families decision for Canadian businesses and the constitutionally protected right to vote.

    11 min

  8. 2025-03-24

    18. Achter Land (the “emoji case”)

    Can a thumbs-up emoji create a binding contract? According to the Court of Appeal for Saskatchewan, it can, but context matters. On this episode of Appealing Briefs, Adam speaks with McCarthy Tétrault litigator Jocelyn Turnbull-Wallace about Achter Land and Cattle v. South West Terminal Ltd. and the factors that businesses and individuals should bear in mind when using informal methods of communication to discuss business transactions.

    11 min
See All (25)

Ratings & Reviews

5
out of 5
3 Ratings

About

Hosted by partner Adam Goldenberg, Appealing Briefs provides brief updates on recent cases from Canada’s courts of appeal. Learn the key takeaways and discover how the decisions will affect businesses and industry in these short interviews with Canada’s leading lawyers and business advisors. McCarthy Tétrault LLP is providing this podcast as a public service, and while it may contain legal information, it is neither legal advice nor a legal opinion, recommendation or statement of policy of McCarthy Tétrault LLP.

Information

  • Creator
    McCarthy Tétrault
  • Years Active
    2024 - 2026
  • Episodes
    25
  • Rating
    Clean
  • Copyright
    © McCarthy Tétrault
  • Show Website
    Appealing Briefs

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