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

Who’s to Blame? Apportioning Liability in Civil Jury Trials

  • January 18, 2018
  • Risa M. Kirshblum with notes from Sarah Spitz

This article discusses recent Court of Appeal authority in respect of how responsibility for an accident should be apportioned between different parties involved in the accident.

Civil Litigation

Ontario Court of Appeal Summaries (January 8 – 12, 2018)

  • January 17, 2018
  • John Polyzogopoulos

Employment Law decision of Nemeth v. Hatch Ltd., 2018 ONCA 7. In Trade Finance Solutions Inc. v. Equinox Global Limited, 2018 ONCA 12, the court enforced an arbitration clause in an insurance policy and stayed an action brought in Ontario in favour of arbitration in London, England.

Civil Litigation

Trying to Get a Trial Date in Ontario? Judges say read the practice directions!

  • January 16, 2018
  • Brookelyn Kirkham

Are you a junior lawyer that has not yet set an action down for trial? Have you heard about the inefficiencies of setting a trial date in scheduling court? Certain regional practice directions include particular processes for getting your trial date and judges are reminding litigators to take a look.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 1 – JANUARY 5, 2018)

  • January 11, 2018
  • John Polyzogopoulos

In Stokker, the Court reaffirmed the proper legal test in Nissar for restoring an action that has been administratively dismissed for delay. In Vancise, the motion judge dismissed the action on the basis that it was barred by s. 9 of the Crown Liability and Proceedings Act, which bars actions against the federal government when it has already provided compensation under a government program. The Court of Appeal upheld the motion judge’s decision.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (DECEMBER 18 – DECEMBER 22, 2017)

  • January 11, 2018
  • John Polyzogopoulos

This was a busy week for the Court of Appeal. Topics covered included family law, wrongful dismissal, wills and estates, insurance coverage, tort liability of employees, workplace safety, police liability, limitation periods, conditional discharges from bankruptcy and costs against non-parties.

Civil Litigation

COURT OF APPEAL SUMMARIES DECEMBER 11-DECEMBER 15,2017)

  • January 11, 2018
  • John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Court of Appeal. Topics covered this week included testamentary capacity, negligent misrepresentation, WSIB collateral benefits in MVA context, a boundary dispute and exemption from seizure of property under the Indian Act in a repair and storage lien context.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (DECEMBER 4 – DECEMBER 8, 2017)

  • January 11, 2018
  • John Polyzogopoulos

Good afternoon/evening. The notable decisions this week include Winmill v. Woodstock (Police Services Board), a decision on discoverability, and Chinese Publications for Canadian Libraries Ltd. v. Markham (City), a decision on security for costs. Other topics included damages for the breach of an APS, child abduction, a boundary dispute, a jury verdict in the MVA context, employment law and motions to extend the time to appeal. John Polyzogopoulos

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 27 – DECEMBER, 1 2017)

  • January 11, 2018
  • John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Court of Appeal. Topics this week included personal injury, family law, employment law, property law, mortgages, bankruptcy and insolvency and extensions of time to appeal.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 20 – NOVEMBER, 24 2017)

  • January 11, 2018
  • John Polyzogopoulos

Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd. In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.

Civil Litigation