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
Know Thy Client

Know Thy Client

  • April 13, 2015
  • Nina Bombier and Jaclyn Greenberg

The Court of Appeal's recent decision in Mallory v. Werkmann Estate serves as a reminder to all counsel: never lose sight of who you act for.

Civil Litigation
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