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 (February 27-March 3, 2017)

Blaneys Court of Appeal Summaries (February 27-March 3, 2017)

  • March 06, 2017
  • John Polyzogopoulos

Summaries for this past week’s civil decisions. In Moore v Sweet, the Court discussed whether a constructive trust can be imposed only on two bases: unjust enrichment and wrongful acts, or whether there are other grounds to award a constructive trust. Other topics included family law decisions, several procedural decisions – jurisdiction, reasonable apprehension of bias, sufficiency of reasons, setting aside orders, extensions of time to appeal and stays pending appeal.

Blaneys Court of Appeal Summaries (February13-17, 2017)

Blaneys Court of Appeal Summaries (February13-17, 2017)

  • February 21, 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered included family law, limitation periods, vexatious litigants, easements, lawyers’ professional negligence and class actions. Perhaps the most interesting decision of the week was the class action decision, Castrillo v. Workplace Safety and Insurance Board, which touches on worker’s compensation law, intentional torts, administrative law and civil procedure.

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

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

  • February 21, 2017
  • John Polyzogopoulos

In Cheng v. Liu, the court dealt with whether it had jurisdiction to hear a corollary relief proceeding under the Divorce Act after a valid divorce in a foreign jurisdiction. In Meehan v. Good, the court made it clear that a lawyer’s duty to his or her client may go beyond the four corners of the scope of the retainer.

Civil Litigation
Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

  • February 08, 2017
  • Lea Nebel

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered this week included: the effect of pending retirement on a high income earner with spousal support obligations (Schulstad); a dispute between two law firms regarding an agency agreement that resulted in a charging order (Fancy Barristers); and the sufficiency of a pleading in a defamation case (Catalyst Capital).

Civil Litigation
Blaneys Court of Appeal Summaries (January 23 – JANUARY 27, 2017)

Blaneys Court of Appeal Summaries (January 23 – JANUARY 27, 2017)

  • January 30, 2017
  • John Polyzogopoulos

The Court of Appeal considered: the sufficiency of conflict screens when counsel moves to another firm and found that the standard procedures to be inadequate in that particular case because of how close the new lawyer to the firm worked with his former adversary (Chartis); summary judgment in the medical malpractice context (Hirchberg); the doctrine of abuse of process in an insurance arbitration context (Intact); and relief from forfeiture of a deposit (Invecom).

Civil Litigation

Known Unknowns: Ontario Court of Appeal Provides Guidance on Discoverability in Potentially Contaminated Lands Cases

  • January 30, 2017
  • Jennifer Fairfax, Patrick G. Welsh, Rebecca Hall-McGuire and Evan J. Barz

In Crombie Crombie v McColl, the Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction, particularly as to when “knowledge” of contamination arises for the purpose of understanding when applicable limitation periods in environmental litigation may be deemed to have expired.

Civil Litigation
Blaneys Court of Appeal Summaries (January 9 - 13, 2017)

Blaneys Court of Appeal Summaries (January 9 - 13, 2017)

  • January 15, 2017
  • John Polyzogopoulos

Here are the summaries for this week’s civil decisions of the Court of Appeal. Determining the standard of review for issues of contractual interpretation has just been made more complicated with The GoodLife Fitness case. Other topics covered this week included limitation periods, property law, police liability, costs, and dog bite law.

Civil Litigation
Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

  • January 11, 2017
  • John Polyzogopoulos

Happy New Year! Here are summaries of this week’s civil decisions of the Court of Appeal. Most of them were procedural in nature (dismissal for delay, appellate jurisdiction, limitation periods, setting aside orders, summary judgment).

Civil Litigation