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
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
Blaneys Court of Appeal Summaries (May 1-5, 2017)

Blaneys Court of Appeal Summaries (May 1-5, 2017)

  • May 15, 2017
  • John Polyzogopoulos

Topics this week included interesting issues in family law and wills and estates, wrongful dismissal, wills and estates, breach of contract, contractual interpretation, occupier’s liability, mortgages and state mutual assistance in criminal matters.

Civil Litigation

Blaneys Court of Appeal Summaries (February 21-24, 2017)

  • May 09, 2017
  • Chad Kopach

Below are the summaries for this week’s civil decisions. Topics covered included family law, employment law, and the treatment of contingency fee agreements in the context of infant settlements.

Civil Litigation
Blaneys Court of Appeal Summaries (April 18-21, 2017)

Blaneys Court of Appeal Summaries (April 18-21, 2017)

  • April 28, 2017
  • John Polyzogopoulos

Here are summaries of this week’s civil decisions of the Court of Appeal for Ontario. Topics covered include representation orders to commence an action against a Union; fraud, unlawful conspiracy, deceit and breach of fiduciary duty by shareholders and directors; administrative law, aboriginal law, and the Charter of Rights and Freedoms; wills and estates; vexatious litigants; and setting aside default judgments.

Court of Appeal Summaries (April 10-17, 2017)

Court of Appeal Summaries (April 10-17, 2017)

  • April 19, 2017
  • John Polyzogopulos

In Deslaurier Custom Cabinets Inc. and Sankar v. Bell Mobility Inc., while the leave applications were pending, the SCC released its decision in Ledcor Construction Ltd, which clarified that the standard of review is correctness, not palpable and overriding error, for standard form contracts and extricable questions of law.

Civil Litigation
Court of Appeal Summaries (April 3-7, 2017)

Court of Appeal Summaries (April 3-7, 2017)

  • April 19, 2017
  • John Polyzogopoulos

There were several substantive civil decisions released this week. Topics covered included family law (spousal and child support), employment law, religious organizations, administrative law (OSC), standing to oppose a settlement entered into by a party under a disability , limitation periods, and contempt for breach of Mareva orders.

Civil Litigation
Blaney's Court of Appeal Summaries (March 27 – 31, 2017)

Blaney's Court of Appeal Summaries (March 27 – 31, 2017)

  • April 04, 2017
  • John Polyzogopoulos

Boaden Catering Limited v. Real Food For Real Kids Inc. was a contest over website domain names. The decision of United States v Equinix Inc. dealt with the Mutual Legal Assistance in Criminal Matters Act, which allows countries that have a mutual legal assistance treaty with Canada to seek the help of the Minister of Justice in locating and obtaining relevant evidence believed to be in Canada.

Civil Litigation
Blaneys Court of Appeal Summaries (March 20 - 24, 2017)

Blaneys Court of Appeal Summaries (March 20 - 24, 2017)

  • April 04, 2017
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In York (Regional Municipality) v. Tsui, the Court concluded that municipal by-laws that circumscribe the hours of operation of body rub parlours are not criminal laws and therefore not ultra vires. In Scaduto v Cucu, the Court considered whether to grant amicus curiae status to a party that had been adverse in interest in previous proceedings.

Civil Litigation
Blaneys Court of Appeal Summaries (March 6 - March 10, 2017)

Blaneys Court of Appeal Summaries (March 6 - March 10, 2017)

  • March 27, 2017
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were not many substantive decisions and of those, none were particularly noteworthy. Topics covered included family law, conflict of laws (choice of law), MVA, jury charges and reasonable apprehension of bias.