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 (July 10 - July 14, 2017)

Ontario Court of Appeal Summaries (July 10 - July 14, 2017)

  • July 20, 2017
  • John Polyzogopoulos

Following are the summaries of civil decisions released this week by the Court of Appeal. Topics covered this week included the jurisdiction of Deputy Judges in Small Claims Court, Crown wardship, a family shareholder/real property dispute, pension benefits, wrongful dismissal and contractual interpretation.

Civil Litigation

Ontario Court of Appeal Summaries (July 4-7, 2017)

  • July 10, 2017
  • John Polyzogopoulos

Topics covered this week included Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP and its companion decision, punitive damages, libel and slander, assessment of lawyers’ accounts, breach of contract, breach of trust, real property, commercial leases, crown wardship, employment law, non-share capital corporations, labour law, and SABs.

Civil Litigation

Ontario Court of Appeal Summaries (June 19 – June 23, 2017)

  • June 29, 2017
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In a lengthy administrative law decision in Law Society of Upper Canada v Abbott, the Court restored LSUC’s Hearing Division decision to revoke the license of a lawyer found guilty of knowingly assisting or participating in mortgage fraud.

Blaneys Ontario Court of Appeal Summaries (June 12 – 16, 2017)

Blaneys Ontario Court of Appeal Summaries (June 12 – 16, 2017)

  • June 21, 2017
  • John Polyzogopoulos

In Hodge v. Neinstein, the Court upheld the Divisional Court’s certification of a class proceeding against Neinstein & Associates LLP, in which the plaintiffs claim that the firm’s accounts contravened the >Solicitors Act. In Bruff-Murphy v. Gunawardena, the Court of Appeal reviewed the law relating to the admissibility of expert opinion evidence and ordered a new trial after determining that certain expert evidence should not have been admitted.

Civil Litigation
Blaneys Court of Appeal Summaries (June 5 – 9, 2017)

Blaneys Court of Appeal Summaries (June 5 – 9, 2017)

  • June 12, 2017
  • John Polyzogopoulos

There were a couple of noteworthy cases which may interest those interested in estate and franchise law. Topics covered include constructive dismissal, negligent investigation by the LSUC and the application of the Law Society Act, and motions for extensions of time used in a frivolous and vexatious fashion.

Civil Litigation
Blaneys Court of Appeal Summaries (May 15 – 19, 2017)

Blaneys Court of Appeal Summaries (May 15 – 19, 2017)

  • May 29, 2017
  • John Polyzogopoulos

In Biancaniello v. DMCT LLP, the Court of Appeal reversed the Divisional Court , and held that a full and final release is just that, a full and final release. In Black v. Owen, the Court reaffirmed its decision in Amberwood Investments Ltd. v. Durham Condominium Corp. No. 123, which held that the common law rule that positive covenants do not run with freehold land is settled law in Ontario.

Civil Litigation

Blaneys Court of Appeal Summaries (May 23-26, 2017)

  • May 29, 2017
  • John Polyzogopoulos

Below are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topic covered include mitigation of loss in the wrongful dismissal context, standard of review, statutory defences to municipal negligence, the retroactivity/retrospectivity of municipal by-laws, contractual interpretation, repair and storage liens (no limitation period applicable to possessory liens), patent infringement, and leave to commence fourth party claims in the construction law context.

Civil Litigation
Blaneys Court of Appeal Summaries (May 8 - 12, 2017)

Blaneys Court of Appeal Summaries (May 8 - 12, 2017)

  • May 15, 2017
  • John Polyzogopoulos

In Pennyfeather v. Timminco, the Court upheld the dismissal of a secondary securities market misrepresentation class action. In Royal SunAlliance v Intact Insurance, a contest between insurers as to responsibility for indemnifying victims of an accident, at issue was whether an endorsement of an automobile insurance policy that excludes coverage for a named driver is valid even though its form is not pre-approved by the Superintendent of Financial Services.

Civil Litigation