In Briggs v. Durham (Police Services Board), the respondent had brought two separate applications at the Human Rights Tribunal of Ontario (the “Tribunal”) against the Durham Regional Police Services Board and individual police officers. A dispute arose as to whether a settlement agreement that was reached following a mediation in the context of the second application was intended to cover both applications. On judicial review, the Court held that it was unreasonable for the Tribunal to hold that the settlement agreement covered both applications. The Tribunal erred in its contractual interpretation exercise by failing to consider the entire factual matrix.
Table of Contents
Civil Decisions
Briggs v. Durham (Police Services Board), 2022 ONCA 823
Keywords: Human Rights, Administrative Law, Judicial Review, Standard of Review, , Contracts, Interpretation, Settlements, Human Rights Code, R.S.O. 1990, c. H.19, s. 45.8, Ontario (Health) v. Association of Ontario Midwives, 2022 ONCA 458, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Shaw v. Phipps, 2012 ONCA 155, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Shewchuk v. Blackmont Capital Inc., 2016 ONCA 912, Biancaniello v. DMCT LLP, 2017 ONCA 386, 2274659 Ontario Inc. v. Canada Chrome Corporation, 2016 ONCA 145
Flores v. Glegg, 2022 ONCA 825
Keywords: Family Law, Emancipation of a Minor, Child Support, Civil Procedure, Vexatious Litigants, Abuse of Process, Res Judicata, Issue Estoppel, Collateral Attack, Costs, Courts of Justice Act, R.S.O. 1990 c. C.43, ss. 106, 140, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, R.G. v. K.G., 2017 ONCA 108, Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63, Winter v Sherman Estate, 2018 ONCA 703, Peoples Trust Company v. Atas, 2018 ONSC 58
Ncube v. Hassen, 2022 ONCA 840
Keywords: Family Law, Co-Parenting, Relocation, Best Interest of Child, Civil Procedure, Stay Pending Appeal, Jurisdiction, Final or Interlocutory, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)(b), s. 19(1)(b) and s. 39.2, BTR Global Opportunity Trading Limited v. RBC Dexia Investor Services Trust, 2011 ONCA 620, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Fontaine v. Canada (Attorney General), 2021 ONCA 313, Drywall Acoustic Lathing Insulation Local 675 Pension Fund v. SNC-Lavalin Group Inc., 2020 ONCA 375, Johnson v. Ontario, 2021 ONCA 650, Hopkins v. Kay, 2014 ONCA 514, D.C. v. T.B., 2021 ONCA 562
David v. Loblaw Companies Limited, 2022 ONCA 833
Keywords: Class Action Proceedings, Certification Order, Appeal, Jurisdiction of Appeal, Transitionary Rules, Statutory Interpretation, Class Proceedings Act, 1992, S.O. 1992, c. 6, s.5, s.30(1)(a)(b), s.30(2), Courts of Justice Act, R.S.O. 1990, c. C.43, s.6(1)(b), Legislation Act, 2006, S.O. 2006, c. 21, s. 52, Cavanaugh v. Grenville Christian College, 2013 ONCA 139
Gauthier Estate v. White, 2022 ONCA 846
Keywords: Wills and Estates, Estate Trustees, Contracts, Real Property, Agreements of Purchase and Sale of Land, Civil Procedure, Appeals, Security for Costs, Rules of Civil Procedure, r. 56 and 61.06, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Henderson v. Wright, 2016 ONCA 89
Short Decisions
Godoy v. Godoy, 2022 ONCA 828
Keywords: Civil Procedure, Vexatious Litigants, Abuse of Process, Rules of Civil Procedure, r. 2.1.01, Visic v. Elia Associates Professional Corporation, 2020 ONCA 690
Liu v. Qiu, 2022 ONCA 835
Keywords: Civil Procedure, Costs
Singh v. Seth, 2022 ONCA 837
Keywords: Family Law, Spousal Support, Equalization of Net Family Property, Civil Procedure, Orders, Enforcement, Striking Pleadings, Financial
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