TWO PROGRAMS: Use of Business Records and Double Hearsay: Gumbley v. Vasiliou AND Commercial Litigation Update: Royal Bank of Canada v. Peace Bridge Duty Free Inc.

Use of Business Records and Double Hearsay

This presentation by Sarah McGuire examines the treatment of hospital records, business records, hearsay, double hearsay, party admissions, opinion evidence, and causation in Gumbley v. Vasiliou, 2025 ONCA 851. It highlights section 35 of the Evidence Act, the use of ICU notes from a non-testifying physician, and the distinction between admitting a record and relying on statements within it for their truth. The presentation offers practical guidance on medical records, Joint Briefs, party admissions, and how documentary evidence may support key clinical findings and the “but for” causation test on appeal. 

Commercial Litigation Update

This presentation by Tyler Mäkinen examines Royal Bank of Canada v. Peace Bridge Duty Free Inc., 2025 ONCA 54, with a focus on the limits of the duty of good faith contractual performance in contractually mandated negotiations. It highlights risk allocation in lease drafting, regulatory change clauses, failed negotiations, judicially imposed rent abatement, and the principle that subjective intentions cannot override clear contractual language. The presentation offers practical takeaways for drafting, negotiating, and litigating commercial agreements, including the need to define available relief, plan for failed negotiations, bargain for proper purposes, maintain a fair process, and create a clear negotiation record.