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

Blaney's Court of Appeal Summaries (Oct. 6 - 10, 2014)

  • November 18, 2014
  • John Polyzogopoulos

This week’s OCA Summaries include an interesting decision for our corporate/commercial followers on when a guarantor has a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no default by the borrower nor demand for payment by the bank. The Court also dismissed the appeal from the Superior Court’s refusal to certify as a class action an overtime pay claim against CIBC.

Civil Litigation

Blaney's Court of Appeal Summaries (Oct. 20 - 24, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Some topics for this week include: dismissal of a class action against the former Nortel, summary judgement motions relating to the Insurance Act and the Statutory Accident Benefits Schedule, court approval of fees charged by a receiver in a Bankruptcy proceeding, warranty agreement dispute by purchasers of new condominiums, a variation of a costs award for contempt of court, and actionable encroachment over a right-of-way.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Oct. 27 - 31, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Following are this week’s Ontario Court of Appeal Summaries. Topics covered this week include contract law in the real estate and employment law contexts, oppression remedies and related tax consequences, estates, civil contempt and a reminder of the monetary jurisdiction of the Court of Appeal.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Oct. 13 - 17, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Below are this week’s summaries. Topics include summary judgment in the limitation period context, property disputes involving religious organizations, family law, appellate jurisdiction for appeals from small damages awards, concurrent liability in tort and contract in the context of an agreement of purchase and sale of land and municipal freedom of information requests.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Nov. 3 - 7, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Some of this week’s topics include Summary Judgment (genuine issue of credibility in MVA context, limitation periods and Crown Liability), Contract law (subject-matter jurisdiction in a tendering case and interpretation of use clause in a lease), Enforcement of Settlements (where allegations of lack of capacity) and Crown liability and the importance of complying with the strict notice requirements of the Proceedings Against the Crown Act.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Nov. 10 - 14)

  • November 17, 2014
  • John Polyzogopoulos

The Hazelton Lanes decision is a black mark on the administration of justice. It is an unfortunate and stark reminder to trial counsel of the importance of proper and timely documentary disclosure and cooperation and communication between counsel to focus on what is relevant to ensure that cases are tried fairly and efficiently. This 3 day trial went for 50 days without being decided on the merits. The end result is that the parties will now have to do it all over again.

Civil Litigation