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
Mortgage Enforcement Hits the Highway

Mortgage Enforcement Hits the Highway

  • April 08, 2015
  • Chris Jaglowitz

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

Civil Litigation
Blaney's Court of Appeal Summaries (March 16-20, 2015)

Blaney's Court of Appeal Summaries (March 16-20, 2015)

  • March 30, 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include motions to strike, family law, undisclosed material changes in condominium construction plans, and judicial review of a Toronto Chief of Police Order.

Civil Litigation
Re <em>Azeff</em>: Clarification of Tippee Liability in Canada

Re Azeff: Clarification of Tippee Liability in Canada

  • March 27, 2015
  • Linda Fuerst

The recent decision of the Ontario Securities Commission in Re Azeff provides welcome clarification of the scope of the prohibition on tippee liability in Canada, and stands in contrast to a recent decision of the United States Second Circuit Court of Appeals.

Civil Litigation
Oppression Remedy a Potential Enforcement Tool

Oppression Remedy a Potential Enforcement Tool

  • March 27, 2015
  • David Quayat

A recent Superior Court decision has considered the oppression remedy under section 248 of the Ontario Business Corporations Act, and personal liability of directors of closely held companies.

Civil Litigation
Blaney's Court of Appeal Summaries (March 9-13, 2015)

Blaney's Court of Appeal Summaries (March 9-13, 2015)

  • March 18, 2015
  • John Polyzogopoulos

There were quite a few summary judgment cases dealt with by the Court of Appeal this week, several dealing with limitation periods. There was also an interesting franchise law decision discussing the contract law doctrine of severance of void or unenforceable terms from the rest of the contract and a decision on whether a judge of the Ontario Superior Court of Justice could participate in a joint hearing with other supervisory judges either inside or outside of Ontario.

Civil Litigation
Blaney's Court of Appeal Summaries (March 2-6, 2015)

Blaney's Court of Appeal Summaries (March 2-6, 2015)

  • March 18, 2015
  • John Polyzogopoulos

It was a quiet week for the Court of Appeal. Topics covered in this week’s civil decisions (non-criminal) include: detention order reviews; determining whether orders are interlocutory or final; whether a motion for leave to appeal should be reopened; whether a court’s dismissal of a counterclaim on summary judgment was justified; limitation periods in the context of negligent investigation; and of course costs decisions.

Civil Litigation

Blaney's Court of Appeal Summaries (Feb. 23-27, 2015)

  • March 17, 2015
  • John Polyzogopoulos

Summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include family law support obligations, statutory interpretation of municipal tax laws, the collection of realty taxes from a tenant, and a discussion of prejudice in dismissal for delay motions.

Civil Litigation
Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

  • March 04, 2015
  • Ezra Siller and Teresa A. Reguly

The Ontario Court of Appeal has affirmed the applicability of the common law tort of intrusion upon seclusion in the healthcare context. In Hopkins v. Kay, 2015 ONCA 112, the Court of Appeal affirmed that the Ontario Personal Health Information Protection Act does not preclude a common law tort action for breach of privacy.

Civil Litigation