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Blaney's Court of Appeal Summaries (January 5-9, 2015)

  • January 10, 2015
  • John Polyzogopoulos

The following are the Ontario Court of Appeal Summaries for the week of January 5-9, 2015. Noteworthy topics covered below include abuse of process, appellate procedure, negligence and expert evidence admissibility. A special mention to Blaney’s own Roger Horst and Rafal Szymanski for their positive result in Meady v. Greyhound Canada Transportation Corp. A job well done!

Civil Litigation

Blaney's Court of Appeal Summaries (Dec. 22 - 26, 2014 and Dec. 29, 2014 - Jan. 2, 2015)

  • January 10, 2015
  • John Polyzogopoulos

Perhaps the most significant decision released in the last two weeks was the decision in PS v Ontario, in which a five member panel of the Court of Appeal declared certain provisions of the Mental Health Act unconstitutional for not providing the Consent and Capacity Board with enough powers to appropriately deal with involuntarily detained persons suffering from disabilities.

Civil Litigation

Ontario’s Proposed Anti-SLAPP Legislation Moves Forward (Again)

  • December 18, 2014
  • Jack Coop, Jennifer Fairfax, Lindsay Rauccio

Bill 52, the Protection of Public Participation Act, 2014 (the Bill), was re-introduced by Attorney General of Ontario Madeleine Meilleur on December 1, 2014. The Bill is a reincarnation of Bill 83, which was first introduced in 2013 and received its second reading in September of that year before dying on the order paper.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Dec. 8-12, 2014)

  • December 15, 2014
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). This week’s topics include, a municipality’s statutory duty of care; procedural fairness and the complaint process under the Police Services Act (arising from a G20 Summit arrest); pleadings in negligent medical care cases; and the interpretation and application of PIPEDA in a case involving enforcement of a judgment and a debtor’s mortgage information.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (November 24 - 28)

  • December 10, 2014
  • John Polyzogopoulos

Our Court of Appeal released thirteen civil decisions this week. Topics covered included construction liens, summary judgment in several different contexts, including an interesting decision in a wills and estates matter involving allegations of undue influence, family law, employment law, MVA, Rule 21 in the context of a malicious prosecution and Charter damages claim, and a labour law decision involving alleged reasonable apprehension of bias of an OLRB panel member.

Civil Litigation