Articles

Hello everyone. Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include the duty to defend in insurance law; custody; summary judgment; section 7 of the Charter and the Building Code Act; and contractor fraud/theft charges in a home renovation case.

The recent decision in Warman v. National Post Company, 2015 ONSC 267 illustrates both the need for renewed emphasis on proportionality in e-discovery, and the need for counsel in defamation actions involving online comments to be prepared for some of the potential pitfalls e-discovery can create.

In Hopkins v. Kay, the Court of Appeal ruled that the Personal Health Information Protection Act does not create an exhaustive code precluding a civil action for intrusion upon seclusion.

Below are summaries of this week’s Ontario Court of Appeal decisions. Topics covered include Civil Procedure, Dismissal for Delay, Summary Judgment, Substantial Indemnity Costs, Contract Law, Fraudulent Conveyances, Derivative Actions versus Oppression, Real Estate Law, Condominium Law and Wills & Estates.

Below are summaries of this week’s Ontario Court of Appeal decisions. Topics covered include investigative receivership orders, reconsideration of a denied leave to appeal, summary judgment, extension of time to appeal, mortgages, and contract interpretation. Please feel free to share this blog with anyone whom you think would be interested. As always, we welcome your feedback.

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal).

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include intellectual property, police liability, wrongful dismissal, occupier’s liability, and the oppression remedy under the Condominium Act. In Bienstock v Adenyo, the Court of Appeal applied the Supreme Court’s 2006 decision in Pro Swing Inc v. Elta Golf Inc, which confirmed that non-monetary foreign judgments can be enforced in Canada.

In White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, the Supreme Court of Canada has provided much-needed guidance as to the relationship between the requirement of impartiality and the question whether the court should receive the expert’s evidence at all.

Zheng v Your New Car Calgary Inc, 2015 ABQB 121 is a helpful reminder that those who contract with a corporation must recognize the legal separation between corporation and shareholder and take steps to protect their interests before things go wrong.

Blaneys Ontario Court of Appeal Summaries (April 20 - 24, 2015)