Articles 2023

Following are this past week's summaries of the civil decisions of the Court of Appeal for Ontario.

Congratulations to Blaney's Chad Kopach for successfully acting in First National Financial GP Corporation v. Golden Dragon HO 10 Inc. The case involved a motion by a receiver for directions in respect of the debtors’ appeal of a sales approval and vesting order. The sale and vesting order were preserved.

Ramkey Communications Inc. v. Labourers’ International Union of North America involved an appeal of a judicial review of a construction union certification application. In allowing the appeal, the Court determined that the Divisional Court had misapplied the Tessier test. The result meant that the “construction technicians” were allowed to unionize under provincial labour laws and not regulated by federal labour laws.

The Ontario Superior Court recently reminded defendants that an aggressive defence can be costly, when it awarded judgment to a plaintiff of less than $63,000, and more than four times that amount for the plaintiff's costs.

The Ontario Court of Appeal upholds a decision striking out paragraphs of a defence under Rule 25.11, and says that allegations regarding the plaintiff's motive for commencing an action are generally irrelevant.

Erin Cowling of Flex Legal Network reviews Professor Backhouse's "double" biography of the first two women appointed to the Supreme Court of Canada.

Following are this week’s summaries of the Court of Appeal for Ontario. The Court released two decisions concerning the fight over the proposed destruction and redevelopment of Glen Abbey Golf Club. Other topics covered this week included assessing damages for past income loss and prejudgment interest in a sexual abuse case and the legal test for Crown wardship on a summary judgment motion.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.

Topics this week included family law, costs in the wills and estates context, contractual interpretation, assessment of accounts in the condominium law context, and stay pending leave to appeal to the Supreme Court of Canada.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics covered this week include family law, insurance coverage, enforcing settlements, adding parties after a limitation period expires, and obtaining dispensation from some of the requirements of perfecting an appeal.