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 (April 18-22, 2016)

Blaneys Court of Appeal Summaries (April 18-22, 2016)

  • April 18, 2016
  • John Polyzogopoulos

Following are this week’s summaries of civil decisions released by the Court of Appeal. Topics covered include contract issues, insurance, environmental regulations, summary judgment and oppression. For me, the most interesting decision was a very short decision in Miller Canfield v BDO Dunwoody. The decision highlights the importance of understanding the difference between contract repudiation and contract termination.

Civil Litigation
Blaneys Court of Appeal Summaries (April 4-8, 2016)

Blaneys Court of Appeal Summaries (April 4-8, 2016)

  • April 18, 2016
  • John Polyzogopoulos

In Deslauriers Custom Cabinets and Howard v Benson Group, the Court further chipped away at Sattva and the Supreme Court’s pronouncement in that case that contractual interpretation is now an issue of mixed fact and law and therefore subject to a more deferential standard of review. Other decisions this week involve the class action brought against the Toronto Police as a result of Charter breaches perpetrated during the G20 Summit and the Residential Schools class action.

Civil Litigation
Blaneys Court of Appeal Summaries (March 21-24, 2016)

Blaneys Court of Appeal Summaries (March 21-24, 2016)

  • April 18, 2016
  • John Polyzogopoulos

The Court of Appeal only released civil law decisions this week. Topics covered included whether or not leave to appeal a vesting order made on a receivership sale under the Bankruptcy and Insolvency Act is required (it is), an ironic case in which a lawyer initially resisted a professional negligence claim for missing a limitation period by arguing the limitation period had been missed (nice try), insurance law and adjournments.

Civil Litigation
Blaneys Court of Appeal Summaries (March 14-18, 2016)

Blaneys Court of Appeal Summaries (March 14-18, 2016)

  • March 24, 2016
  • John Polyzogopoulos

This week’s decisions from the Court of Appeal covered a broad range of topics, including defamation (the requirements for notice under the Libel and Slander Act), wrongful dismissal, expropriations, several contract interpretation cases, and a family law case involving whether there was a true loan from a parent to their child.

Blaneys Court of Appeal Update (March 7-11, 2016)

Blaneys Court of Appeal Update (March 7-11, 2016)

  • March 24, 2016
  • John Polyzogopoulos

This week’s Court of Appeal decisions covered a range of subjects including contracts, torts, civil procedure, and wills and estates. The two most notable substantive decisions this week were Spence v BMO Trust Co. - can a bequest be voided on public policy grounds because the disappointed heir alleged that the true motivation for being cut out of the will was racism? – and Neuberger v York, a dispute over a $100 million dollar estate.

Civil Litigation
Blaneys Court of Appeal Summaries (February 29- March 4, 2016)

Blaneys Court of Appeal Summaries (February 29- March 4, 2016)

  • March 24, 2016
  • John Polyzogopoulos Blaney McMurtry LLP JPolyzogopoulos@blaney.com Tel: 416.593.2953 http://www.blaney.com/lawyers/john-polyzogopoulos

Cases this week included commercial leasing decisions involving issues such as insurance and allocation of risk, and the commencement of the limitation period for suing for ongoing breaches of covenants. Other topics included the enforceability of a choice of law and forum clause in a financial adviser case, MVA, copyright, and a debtor-creditor case where the debtor succeeded in a claim for intentional interference with economic relations.

Civil Litigation
Blaneys Court of Appeal Summaries (February 22-26, 2016)

Blaneys Court of Appeal Summaries (February 22-26, 2016)

  • March 24, 2016
  • John Polyzogopoulos

The Court of Appeal released a number of decisions this week. In Meridian Credit Union Limited v. Baig, the Court confirmed that silence and half-truths can amount to misrepresentation, and found a purchaser had engaged in fraudulent misrepresentation by silence in the context of a court-approved sale of assets by a receiver. Other topics include entitlement to commissions, and the high threshold that must be met to permit an action against a monitor and/or receiver.