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 (December 28 – 30, 2016)

Blaneys Court of Appeal Summaries (December 28 – 30, 2016)

  • January 03, 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered this week include several family law decisions, police liability, the interpretation of municipal procurement bylaws, which is to be reviewed on a standard of correctness, and an unsuccessful attempt to enforce international arbitral awards obtained against a foreign state against the assets of a corporation wholly owned by that state.

Civil Litigation

Blaneys Court of Appeal Summaries (November 21-25, 2016)

  • November 27, 2016
  • John Polyzogopoulos

Here are the summaries for this week’s civil decisions of the Court of Appeal. It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support arising out of a material change in circumstances. The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

Civil Litigation

Court of Appeal Summaries (November 14-18, 2016)

  • November 22, 2016
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered include commercial leasing, by-law enforcement, municipal liability, assessments under the Solicitors Act, pension obligations under a contract and family law.

Civil Litigation

Strategic and Ethical Considerations in Seeking Injunctive Relief

  • November 21, 2016
  • Rocco DiPucchio and Ryann Atkins

There are usually high stakes involved when bringing an injunction. It is therefore important to think critically about how best to advance your client’s claim for this extraordinary relief. This paper will walk through some of the key strategic decisions that a lawyer must make in considering whether to bring a motion for an injunction, and how to do so in a way that maximizes your chance of success.

Civil Litigation
Blaneys Court of Appeal Summaries (November 7 - 10, 2016)

Blaneys Court of Appeal Summaries (November 7 - 10, 2016)

  • November 15, 2016
  • John Polyzogopoulos

Topics covered this week included interlocutory vs final orders for the purpose of appeal in the context of summary judgment, the triggering of the duty to defend under a CGL insurance policy, MVA, re-opening an appeal on a new ground not previously raised, real and substantial connection, and exclusion clauses in equipment leases.

Civil Litigation
Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

  • November 15, 2016
  • Varoujan Arman and John Polyzogopoulos

The recent decision of the Court of Appeal for Ontario in Novatrax International Inc. v. Hägele Landtechnik GmbH provides a prime example of how arbitration clauses can complicate, rather than simplify matters. The result in that case is that there may now be more than one proceeding to resolve the dispute – an arbitration, plus a court case.

Civil Litigation
Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

  • November 04, 2016
  • John Polyzogopoulos

Civil topics covered included MVA, SABs, family law, vexatious litigants, employment law, simplified procedure and another chapter in the Indian Residential Schools settlement.The RJM56 Investments Inc v Kurnik decision highlights the importance of litigators not treating the tax implications of a settlement as an afterthought and of obtaining tax advice before completing a settlement.

Civil Litigation