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: Saba Ahmad and Stefan M. Case

Today
Today

Blaneys Court of Appeal Summaries (October 24-28, 2016)

  • November 01, 2016
  • John Polyzogopoulos

This week’s Court of Appeal Summaries. Civil topics covered include administrative law/professional discipline (chiropractors), family law (support), contracts, civil procedure in the corporate oppression context (order interlocutory or final for appeal purposes), insurance law (SABs) and commercial tenancies. Special mention to our partner, Reeva Finkel, who on behalf of our client successfully resisted a landlord’s attempt to improperly terminate our client’s tenancy.

Civil Litigation

Blaneys Court of Appeal Summaries (October 17 – 21, 2016)

  • October 27, 2016
  • John Polyzogopoulos

In Canada Post Corporation v. Hamilton (City), the Court of Appeal considered the question of whether or not the municipality of Hamilton had the authority to become involved in the decision of where to place thousands of Canada Post mailboxes. In Novatrax International Inc. v. Hägele Landtechnik GmbH, the Court of Appeal addressed the effect of a forum selection and arbitration clause in an agreement. The Court of Appeal was split in its decision.

Civil Litigation

Blaneys Court of Appeal Summaries (October 11-14, 2016)

  • October 17, 2016
  • John Polyzogopoulos

Summaries for the week’s civil decisions. Topics include spousal support, the stay of an appeal from a contempt order, and of an action under the Arbitration Act. In Singh v Trump, the Court set aside a motion judge’s order dismissing claims against Donald Trump and reinstated claims dismissed by the motions judge that were not properly before him. We all know what happened last time Trump disagreed with a judge presiding over his case.

Civil Litigation
Blaneys Court of Appeal Summaries (October 3-7, 2016)

Blaneys Court of Appeal Summaries (October 3-7, 2016)

  • October 15, 2016
  • John Polyzogopoulos

There were five substantive civil decisions released and summarized this week. They dealt with duty of care, wrongful termination, the difference between litigation experts and participant experts, legal and equitable assignments, as well as an endorsement amending an order requiring counsel asserting a solicitors lien to produce the file to new counsel.

Civil Litigation

Blaneys Court of Appeal Summaries (September 26 - 30, 2016)

  • October 03, 2016
  • Chad Kopach

There were seven substantive civil decisions released this week, and three of note: 407 ETR Concession Company Limited v. Day; Trillium Motor World Ltd. v. General Motors of Canada Limited; and Enerzone Inc. v. Ontario (Revenue). In particular, in 407 ETR Concession Company Limited v. Day, the Court approved the contractual extension of the limitation period in the 407 transponder lease agreements.

Civil Litigation

Blaneys Court of Appeal Summaries (September 19 – 23, 2016)

  • September 27, 2016
  • John Polyzogopoulos

There were several substantive civil decision released this week. They included a priority dispute in the receivership, a motion to stay a Superior Court order pending the determination of a leave application to appeal to the Supreme Court of Canada, and an option to purchase a property and a question as to the ensuing rent owed.

Civil Litigation

Blaneys Court of Appeal Summaries (September 12-16, 2016)

  • September 27, 2016
  • Lea Nebel

There were three substantive civil decisions this week. Williams v. Toronto (City), is a class action against the City for negligence by tenants who occupied rooming houses with analysis on the legal test for finding a duty of care in negligence. Thompson v. Ontario (Attorney General) focuses on whether Brian's Law violates the Charter of Rights and Freedoms. Balev v. Baggot concerns the meaning of habitual residence in the Hague Convention.

Civil Litigation
Blaneys Court of Appeal Summaries (Sept 5 - 9, 2016)

Blaneys Court of Appeal Summaries (Sept 5 - 9, 2016)

  • September 27, 2016
  • John Polyzogopoulos

The only decision released this week was the US Steel CCAA proceeding in which the Court of Appeal agreed with the CCAA judge below that he did not have the jurisdiction under the CCAA to grant the remedy of equitable subordination.