Articles

About Articles The below articles are published by the Civil Litigation Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editors:  Aaron Gold and Crystal Park

Today
Today

ECOJUSTICE DENIED LEAVE TO INTERVENE AS "FRIEND OF COURT"

  • March 29, 2018
  • Jack D. Coop

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Natural Resources and Energy Law

Insurer off-the-hook for Release of Pollutants Caused by Fire

  • March 29, 2018
  • John Georgakopoulos and Matthew Gardner, Willms & Shier Environmental Lawyers LLP

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Insurance Law

ONTARIO COURT OF APPEAL SUMMARIES (MARCH 12 – MARCH 16)

  • March 26, 2018
  • John Polyzogopoulos

The civil decisions released by the Court of Appeal this week dealt with issues such as enforcement of terms of settlement, discoverability, the authority of a lawyer to act on behalf of an incapacitated client and others.

Civil Litigation

Ontario Court of Appeal Summaries (February 19–23)

  • February 26, 2018
  • John Polyzogopoulos

Topics covered this week include a claim of solicitor negligence; a claim that a judgment was for misappropriation while acting in a fiduciary capacity, and therefore survived bankruptcy; a relief from forfeiture case; a priority dispute between insurers in the MVA context; an administrative law decision in the union grievance context; and several decisions of a more procedural nature.

Civil Litigation

Ontario Court of Appeal Summaries (February 12-16)

  • February 22, 2018
  • John Polyzogoulos

Below are this week’s Court of Appeal summaries. Topics covered this week included family law, slip and falls, commercial tenancies, civil procedure in the bankruptcy context and breach of contract. John Polyzogopoulos jpolyzogopoulos@blaney.com

Civil Litigation

Removing Offending Content from the Internet Just Became Harder

  • February 20, 2018
  • John Polyzogopoulos

This article discusses the recent Supreme Court of Canada decision in R v Canadian Broadcasting Corporation, 2018 SCC 5, which addresses freedom of the press and expression over the importance of protecting the privacy rights of victims of crime.

Civil Litigation

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

  • January 22, 2018
  • Les O'Connor

This article discusses the standard of appellate review applicable to contractual interpretation cases as considered by the Ontario Court of Appeal in Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293.

Civil Litigation