Articles 2021

Aujourdʼhui
Aujourdʼhui
Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

  • 04 mars 2015
  • Ezra Siller and Teresa A. Reguly

The Ontario Court of Appeal has affirmed the applicability of the common law tort of intrusion upon seclusion in the healthcare context. In Hopkins v. Kay, 2015 ONCA 112, the Court of Appeal affirmed that the Ontario Personal Health Information Protection Act does not preclude a common law tort action for breach of privacy.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 16 to 19, 2015)

  • 04 mars 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include privacy, franchise law, issue estoppel, appellate jurisdiction over a trial judge’s decision to strike a jury (with a strongly-worded dissent by Laskin J.A.), and the permissibility of using surveillance evidence at trial without disclosing it to the opposing party.

Litige civil
When Enough is Enough: Court of Appeal Takes Hard Line on Delay

When Enough is Enough: Court of Appeal Takes Hard Line on Delay

  • 03 mars 2015
  • Jaclyn Greenberg

The Ontario Court of Appeal affirmed in Wallace v. Crate’s Marine Sales Ltd, 2014 ONCA 671 that inordinate delay in pursuing an action may be construed as an abuse of process, and as undermining the administration of the civil justice system.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 9 - 13, 2015)

  • 19 février 2015
  • John Polyzogopoulos

Topics include nuisance, occupier’s liability, estates, procedure to be taken where it is unclear whether an arbitrator has jurisdiction, an unsuccessful attempt to invalidate the actions of a Union at a national convention, summary dismissal of a subrogated action and unconscionability of an exclusion clause under an insurance policy.

Litige civil

Commercial List Users' Committee Newsletter: A Year in Review - January 2015

  • 19 février 2015
  • Editors: Pamela L. J. Huff, Harvey G. Chaiton

A year has passed since the last edition of the Commercial List Users’ Committee Newsletter. This Issue #7 of the newsletter looks back at the experience of the Commercial List in 2014, and provides information and practice notes for the coming year.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 2-6, 2015)

  • 12 février 2015
  • John Polyzogopoulos

This week’s topics include the contractual interpretation of a lease agreement in the context of an option to renew, the calculation of an award for wrongful dismissal, the availability of summary judgment in the context of third party claims, and the removal of counsel where a conflict of interest existed between an insured motorist and his insured.

Litige civil

Court of Appeal Clarifies Rules Regarding Contact with Experts

  • 03 février 2015
  • Visnja Jovanovic

The Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.

Litige civil

Court of Appeal Summaries (January 26-30, 2015)

  • 03 février 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). The court’s long-awaited decision on expert reports in Moore v Getahun was released. The court has provided counsel with some much needed guidance on dealing with experts and the extent of disclosure obligations in respect of those dealings.

Litige civil