Articles 2020

On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties.

Today we are posting the Ontario Court of Appeal Summaries for the three weeks of December 21 to 25, 2015, December 28, 2015, to January 1, 2016, and January 4 to 8, 2016. Today, the Court released its decision in the well-known case of Livent Inc. v. Deloitte & Touche. Other topics covered these last three weeks include family law, real estate, bankruptcy and insolvency, class actions, insurance, negligence and forum non conveniens.

Good evening. The Court of Appeal’s civil decisions this week covered a number of areas including insurance, securities (secondary market misrepresentations), dismissal for delay, family, debtor-creditor, limitation periods, summary judgment and franchising in the class action context. There were also numerous short civil and criminal law endorsements. Please enjoy the weekend.

The Court of Appeal released a number of civil decisions this week in areas including family law, med mal, real estate, offers to settle and other procedural issues. One interesting real estate decision was one in which the court concluded that the combined effect of s. 113(5)(a)(iv) of the Registry Act with the nemo dat principle protected the respondents’ right of way through a laneway to their homes.

Supreme Court of Canada weighs in on recognition and enforcement of foreign judgments in Canada.

Summaries of this week's OCA decisions (non-criminal). There was one substantial civil law decision from the Court of Appeal this week, along with a number of shorter endorsements. The more substantive decision was an insurance case where a home insurer tried to bring a subrogated claim against its own insured in order to access the insured’s auto policy. The court confirmed that an insurer cannot sue its insured for the very loss covered.

The Court of Appeal released a number of civil decisions this week. Topics include whether an assessment officer has the jurisdiction to rule on the enforceability of a contingency fee agreement between a lawyer and client, personal injury, summary judgment, the waiver of conditions of closing on a real estate transaction, wrongful dismissal and claims between insurers in the statutory accident benefits context.

The Court's decisions this week covered insurance coverage for malicious prosecution claims, the Statute of Frauds, costs in a bankruptcy matter, the revival of a claim that was dismissed for delay because the counterclaim was still proceeding and related to the same facts and evidence, and the interpretation of the Ontario Fault Determination Rules with regard to a chain reaction pile-up accident. Additionally, there were numerous child protection, immigration and criminal decisions.

Recently, the principles applied to limited liability clauses have undergone substantial revision. Limited liability clauses are more likely to be enforced due to the Supreme Court's recent criticism of the doctrine of fundamental breach. Further, limited liability clauses can be used to protect third parties, despite the doctrine of privity of contracts.