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

Written in Stone? The Supreme Court of Canada Solidifies the Use of the Factual Matrix in Contract Interpretation Cases

  • November 17, 2014
  • Catherine MacInnis and Aaron Grossman

There has been much ink spilled in the Commonwealth on the issue of whether or not factual circumstances surrounding the formation of a contract (often referred to as the “factual matrix”) ought to be considered by a court when there is a dispute about the meaning of a written agreement. A recent decision of the Supreme Court has provided courts guidance on how to go about determining the parties’ objective intention.

Civil Litigation

Blaney’s Ontario Court of Appeal Summaries (Sept. 22 - 26)

  • November 13, 2014
  • John Polyzogopoulos

This instalment of Blaney’s Ontario Court of Appeal summaries includes decisions covering the following topics: Child Welfare, Family Law (the variation of spousal support where child support has ceased), Leave to Appeal Costs Orders where the costs ordered were set off against other debts (leave not required), and Extension of Time to Appeal (because of a change in the law after the appeal period has expired but before the order was issued and entered).

Civil Litigation
Are We a Court of the Past or a Court of the Future?

Are We a Court of the Past or a Court of the Future?

  • May 07, 2014
  • Anne Glover and Jakub Vodsedalek

In a recent endorsement, Justice David M. Brown called for the Ontario Superior Court of Justice to become a “Court of the Future”, and for counsel to adapt to new technology and embrace e-trials.

Civil Litigation

Online Daily Court Lists

  • May 05, 2014
  • Molly Reynolds

Effective Monday May 5, 2014, counsel will be able to access online the Court Cases Lists for all Ontario Court of Justice and Superior Court of Justice matters across Ontario.

Civil Litigation
Will new PIPEDA amendments spur privacy class actions?

Will new PIPEDA amendments spur privacy class actions?

  • April 15, 2014
  • Molly Reynolds

The Federal Government has introduced Bill S-4 to amend PIPEDA to require mandatory data breach notification, as well as enhanced powers for the Privacy Commissioner. Whether the amendments will be enacted as drafted, and the effect of the proposed provisions on Canada's privacy class action landscape remain to be seen.

Civil Litigation

Commercial List Update: New guidance on summary judgment motions before Justice Brown

  • March 20, 2014
  • Molly Reynolds, Torys LLP

Justice David M. Brown recently released two endorsements regarding the process for scheduling and case managing summary judgment motions before him on the Superior Court Commercial List. Counsel would be well-served to review these guidelines before scheduling summary judgment motions on the Commercial List.

Civil Litigation

Reach Gives Way to Stretch: Top Court Clarifies the Tort of Unlawful Interference

  • March 10, 2014
  • Brendan Clancy

The recent SCC decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd. provides some welcome clarity to the tort of unlawful interference with economic relations. Although it represents a departure from previous Ontario jurisprudence, the decision should give commercial actors a better idea of whether their actions will be viewed as tortious or as legitimate competitive activities.

Civil Litigation