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

ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 13 – NOVEMBER 17, 2017)

  • January 11, 2018
  • John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Ontario Court of Appeal. Topics this week include family law (imputing income and calculating spousal support under the SSAGs), a contractual issue involving real property, wrongful dismissal and the limitation period for reassessments under the Ontario Income Tax Act. Have a nice weekend.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 6 – NOVEMBER 10, 2017)

  • January 11, 2018
  • John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Ontario Court of Appeal. Topics this week include the repayment of shareholder loans, the entitlement to bonuses following resignation from employment, the effect of exclusion clauses in written agreements on prior oral agreements in an estate matter, a construction contract dispute, and judicial review of a ministerial decision to extradite.

ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 30 – November 3, 2017)

  • January 11, 2018
  • John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Another decision in the Yaiguaje v. Chevron Corporation case was released this week. Topics covered included habeas corpus in the immigration context, construction law (liability for exaggerated claims), varying orders, approving MVA settlements involving parties with disabilities, and family law (enforcing an Islamic marriage contract).

Civil Litigation

COURT OF APPEAL SUMMARIES (OCTOBER 16 - OCTOBER 20, 2017)

  • January 10, 2018
  • John Polyzogopoulos

Below are summaries of this week's OCA civil decisions (non-criminal). Topics covered include certification of foreign class members; a wrongful dismissal case in which the court confirmed if a clause in a contract is illegal, the whole clause becomes inoperative and cannot be partially saved by using the severability clause in the contract; standing in the condominium law context and extensions of time to appeal in the municipal law context.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 2 – OCTOBER 6, 2017)

  • October 27, 2017
  • John Polyzogopoulos

Below are the summaries of this week’s civil decisions of the Court of Appeal. In Reeb v. The Guarantee Company of North America, the Court held that there was a conflict of interest on the part of counsel for the insured because the insurer would have benefited financially if the decision below was affirmed and the appeal was dismissed. In the important decision in Sacks v. Ross, the Court reviewed the test for causation involving multiple tortfeasors in delayed diagnosis medmal cases.

Civil Litigation

Ontario Court of Appeal Summaries (Sept. 18-22, 2017)

  • October 06, 2017
  • John Polyzogopoulos

Topics this week included the Municipalities Act, family law, and class actions. The Court also released two companion decisions (El-Khodr v. Lackie and Cobb v. Long Estate) relating to the deductibility of collateral benefits, namely Statutory Accident Benefits, from MVA damage awards. The Court also dealt with the applicable prejudgment interest rate and whether collateral benefits should be deducted when determining whether an offer to settle attracts Rule 49 consequences (yes).

Civil Litigation

Ontario Court of Appeal Summaries (Sept 25-29, 2017)

  • October 06, 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered include security for costs, Rule 21.01(1)(a), and the dismissal of the class action by surveyors in Ontario, who alleged that Teranet Inc. infringed their copyright by digitizing, storing, and copying plans of survey created by the surveyors and registered or deposited in the provincial registry offices.

Civil Litigation

Imperfect Information on Summary Judgment

  • September 15, 2017
  • Rebecca Jones

This article discusses a recent pair of decisions in a solicitor-negligence action in which the court confirmed that causation must be proved, not assumed - even on summary judgment motions.

Civil Litigation

Ontario Court of Appeal Summaries (August 28 - September 1)

  • September 06, 2017
  • John Polyzogopoulos

There were two family law decisions; one about a relocation application for a child, and the other about the presumption of resulting trust. There was also a decision reminding counsel of the importance of making full and fair disclosure of all material facts when moving without notice.

Ontario Court of Appeal Summaries  (July 24 – 28, 2017)

Ontario Court of Appeal Summaries (July 24 – 28, 2017)

  • July 31, 2017
  • John Polozogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were few decisions and nothing particularly noteworthy. Topics covered include the interpretation of the scope of a personal guarantee of corporate debt, agreements of purchase and sale of land, SABs, adjournments and frivolous and vexatious claims.

Civil Litigation