Articles 2023

There were four civil decisions released by the Court of Appeal this week. Areas covered include condo law, administrative dismissals for delay, and two custody and access decisions in high conflict cases (one very high conflict).

The one civil law decision released this week involved the setting aside of an order granting summary judgment in the commercial leasing context where there was a finding of an oral agreement modifying the lease terms. In a rare move, the panel found that it could not substitute its decision for that of the motion judge, but rather than remit the matter back to the motion judge, it invited further written submissions to assist it in rendering a decision.

There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.

There were only two civil law decisions released this week by the Ontario Court of Appeal. One involved the enforceability of a settlement agreement in the employment law context. The other related to a dispute regarding relief ordered under the Family Law Act pursuant to a divorce order that included an obligation to make equalization payments and to pay section 7 expenses under the Federal Child Support Guidelines.

Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include stare decisis and the vicarious liability of motor vehicle owners, class actions and charitable organizations, and the interpretation of a directors’ and officers’ liability policy with regard to the insurer’s liability for defence costs.

Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include summary judgment, new issues on appeal, child and spousal support payment calculations, appeal rights under the Bankruptcy Act, and priority of creditors in garnishments proceedings.

As the courts attempt to increase trial efficiency, counsel are more than encouraged to confer prior to trial - a failure to co-operate may have costly consequences for lawyers and their clients.

There were two judgments released this week: a family law case concerning the obligation of the primary custodial parent to secure the compliance of a child to an access order in favour of the other parent; an insolvency law decision relating to circumstances in which a CCAA judge can terminate a CCAA liquidation proceeding and assign the insolvent companies into bankruptcy, thereby impacting the priority contest between secured creditors and a pension plan.

Below are summaries of the few civil decisions released by the Court of Appeal this week, followed by a list of short endorsements and criminal decisions. Topics covered include contract interpretation, limitation periods in the context of statutory accident benefits claims, and injunctions for zoning by-law violations.