Articles 2023

Today
Today

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

  • February 19, 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.

Civil Litigation

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

  • February 19, 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.

Civil Litigation

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

  • February 12, 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.

Civil Litigation

Court of Appeal Clarifies Rules Regarding Contact with Experts

  • February 03, 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.

Civil Litigation

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

  • February 03, 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.

Civil Litigation
Is Paper What Ails the Justice System?

Is Paper What Ails the Justice System?

  • January 30, 2015
  • Lindsey Beck, Lenczner Slaght

Is paper really at the heart of the legal system’s access to justice woes? At least one (now former) Superior Court judge seems to think so.

Civil Litigation

Follow the Rules when Creating a Discovery Plan

  • January 26, 2015
  • Wortzmans

While discovery plans are an important step in every matter, in Ontario, the Rules of Civil Procedure requirements must be followed to ensure the plan is binding

Civil Litigation

Blaney's Court of Appeal Summaries (Jan. 19-23, 2015)

  • January 26, 2015
  • John Polyzogopoulos

Below are summaries for this week’s Ontario Court of Appeal civil decisions (non-criminal). Noteworthy topics include conflict of laws, charging orders under the Solicitors Act, limitation periods, spousal support, construction liens, administrative dismissal for delay, corroborative evidence, and set-offs in the context of bankruptcy and insolvency.

Civil Litigation