Stay informed with the latest insights and updates

Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 31, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 8, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 22, 2021.

Following are this week’s summaries of the civil decisions of the Ontario Court of Appeal for the week of November 15, 2021.

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of August 23, 2021.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 16, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of August 2, 2021.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 26, 2021.

In Florence v Benzaguen, the Court grappled with the issue of whether it is settled law in Ontario that doctors do not owe a duty of care to an unborn child pre-conception. The majority struck the Appellants’ claim of negligence, holding that no duty of care is not recognized at law. In dissent, Fairburn A.C.J.O. held that this issue was not settled law and ought to be decided at trial. I suspect this may not be the last word on the issue.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 16, 2021. Topics covered this week included several family law decisions relating to custody and access, relocation and spousal support and labour law (duty to bargain in good faith).

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 5, 2021. Topics covered this week included civil forfeiture of proceeds of unlawful activity, regulated professions, family law, breach of fiduciary duty in a partnership context, and stay pending appeal to the Supreme Court of Canada.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the short week of June 28 to 30, 2021. If there are any decisions released on Friday, July 2, our summaries of those decisions will be included with our posting of summaries for the week of July 5.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 21, 2021.

Following are this week's summaries of the Court of Appeal for Ontario for the week of June 14, 2021.

In O'Reilly v. ClearMRI Solutions Ltd, the Court set aside the motion judge’s determination that that the two appellant corporations were common employers, and set aside the judgment against one of them. In Wiseau Studio, LLC v. Harper, on a motion to review, the Court, with very brief reasons, set aside Justice Thorburn’s ground-breaking order for security for judgment ordered against the appellants.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 25, 2021.

Our Top Appeals of 2020 CLE took place on April 27, 2021. We had over 70 registrants and eleven panelists, and very good feedback from our attendees. Thank you to Justice Zarnett, all of our panelists and our registrants for another successful CLE. The program qualified for 30 minutes of professionalism CPD credit and 2.75 hours of substantive content credit. If anyone would like to register for the program on demand, please visit the OBA’s website.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 19, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of April 12, 2021. The Court addressed the interpretation of a commitment letter for a commercial loan cancelled by the lender as a result of the borrower’s failure to satisfy the conditions of financing, statutory assignment and trust provisions of section 267.8 of the Insurance Act, and equalization payments in a family law decision.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of April 5, 2021. Topics covered this week included child protection, the enforcement of guarantees of debt, security for costs of an appeal in a mortgage enforcement case, a motion to grant a stay pending appeal, and the striking of a claim on the basis that the named plaintiff did not have the legal capacity to sue.

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

Gary Luftspring and Andrea Sanche, partners at Ricketts Harris LLP, who recently conducted a lengthy Zoom trial on the Commercial List, share their experience and tips with Rachel Migicovsky. Gary's observation that in the push toward virtual hearings and efficiency, we are mindful to build in some space for inefficiency, is an important one.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 8, 2021. In Champoux v. Jefremova, the Court confirmed that when a party refuses to admit a fact in a request to admit, the reason for the refusal can itself become an admission. The lesson is that care must be taken in the reasons given to refuse to admit a fact contained in a request to admit.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 1, 2021. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons.

Following are this past week’s summaries of the civil decisions of the Court of Appeal for Ontario. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons.

This past week, the Court of Appeal for Ontario provided us with several substantive and interesting civil decisions. Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 18.

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 11. There were only three substantive civil decisions released this past week.

Only two civil decisions were released this week, one of them short. In Oakville (Town) v Sullivan, the Court’s first reported decision of 2021, the Court addressed an encroachment upon a hydro easement. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Visit https://www.cbapd.org/details_en.aspx?id=ON_ON21CIV03I for more information and to register.

Chief Justice Strathy of the Court of Appeal for Ontario, Chief Justice Morawetz of the Ontario Superior Court of Justice, and Chief Justice Maisonneuve of the Ontario Court of Justice, describe the courts' response to the COVID-19 crisis, and discuss efforts being undertaken to modernize Ontario's justice system.

Below are our last summaries of 2020. On another note, please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our 5th annual “Top Appeals” CLE, which will be held via Zoom. I am pleased to announce that Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider. Please register for the program on the OBA's website.