Articles 2023

An ongoing insolvency proceeding under the Companies’ Creditors Arrangement Act can now be added to the short list of circumstances in which a court will decline to follow a forum selection clause in a commercial contract.

In Salasel v. Cuthbertson (2015 ONCA 115), the Court of Appeal provided welcome clarification on doctrine of absolute privilege, in a decision that revisited the fraught case of Hassan Rasouli.

In Ontario, either party in a civil action can demand that its case be decided by a jury. In Kempf v. Nyugen (2015 ONCA 114), the Court of Appeal for Ontario addressed the question of when a case can be removed from a jury’s hands because it is too complex, in a decision that strengthens the right to have civil cases decided in jury trials.

Below are summaries of this week’s Ontario Court of Appeal decisions. As usual, there are full summaries for the substantive civil decisions.

A summary of June 29-July 3, 2015 Ontario Court of Appeal decisions.

Below are summaries of this week’s OCA civil decisions (non-criminal). Special mention goes to our own Ian Epstein who successfully resisted an appeal from a decision of a motions judge to dismiss the claim against our client as disclosing no reasonable cause of action.

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include contractual interpretation, child and spousal support payments, conversion, the equitable remedy of rectification, non-possessory liens, and the State Immunity Act.

Below are the summaries of this week’s Ontario Court of Appeal decisions. There were not very many decisions released this week. Topics covered include the duty to defend in insurance law, real estate, bankruptcy and insolvency, unjust enrichment, medical negligence, landlord and tenant, and family law.

Hello everyone. Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include the duty to defend in insurance law; custody; summary judgment; section 7 of the Charter and the Building Code Act; and contractor fraud/theft charges in a home renovation case.

The recent decision in Warman v. National Post Company, 2015 ONSC 267 illustrates both the need for renewed emphasis on proportionality in e-discovery, and the need for counsel in defamation actions involving online comments to be prepared for some of the potential pitfalls e-discovery can create.