Articles 2020

Today
Today
‘Downshift’ Your Cases... Or Pay the Price

‘Downshift’ Your Cases... Or Pay the Price

  • May 04, 2015
  • Jeremy Martin

In Bernstein v. Poon, 2015 ONSC 2125, Justice Mew had an opportunity to deal with some of the most frustrating aspects of a case that "isn't about the money". The decision was a costs endorsement concerning two rival weight loss gurus engaged in a defamation action.

Civil Litigation
Blaney's Court of Appeal Summaries (April 13 - 17, 2015)

Blaney's Court of Appeal Summaries (April 13 - 17, 2015)

  • April 23, 2015
  • John Polyzogopoulos

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include certification of a copyright class action brought by land surveyors against Teranet Inc for providing access to their plans, reasonable notice of termination of employment, stay of proceedings in both the creditor-debtor and immigration law context, and franchise law.

Civil Litigation
Blaney's Court of Appeal Summaries (April 6-10, 2015)

Blaney's Court of Appeal Summaries (April 6-10, 2015)

  • April 15, 2015
  • John Polyzogopoulos

Topics include the recovery by an insurer of overpayments of Long-Term Disability benefits, constructive dismissal, occupiers’ liability and bank fraud. There is also an interesting summary judgment decision on the rescission of a Franchise Agreement in accordance with the Arthur Wishart Act (Franchise Disclosure), 2000.

Civil Litigation
Know Thy Client

Know Thy Client

  • April 13, 2015
  • Nina Bombier and Jaclyn Greenberg

The Court of Appeal's recent decision in Mallory v. Werkmann Estate serves as a reminder to all counsel: never lose sight of who you act for.

Civil Litigation
Mortgage Enforcement Hits the Highway

Mortgage Enforcement Hits the Highway

  • April 08, 2015
  • Chris Jaglowitz

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

Civil Litigation