Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du litige civil de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : John Polyzogopoulos, Nastaran Roushan

Aujourdʼhui
Aujourdʼhui

Ontario Court of Appeal Summaries (May 13- May 18)

  • 22 mai 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Litige civil, Justice pénale, Droit des assurances et 1 en plus, Student Forum

COURT OF APPEAL SUMMARIES (April 30 - May 4, 2018)

  • 10 mai 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal for Ontario, including Ontario Inc. v. Maple Leafs Foods Inc., in which the Court decided Maple Leafs Foods did not have a duty not to harm the reputation or profits of Mr. Sub franchisees who sold Maple Leaf meats; and, on the Criminal Law front, the Court's decision in R. v. Forcillo, in which the appeal from the conviction of the constable for attempted murder was dismissed.

Litige civil, Justice pénale, Student Forum

Ontario Court of Appeal Summaries (April 23 – April 27, 2018)

  • 30 avril 2018
  • John Polyzogopoulos

Topics covered this week included two procedural fairness decisions (one relating to interpreting a contract in a way neither party argued, the other relating to the effect of a lengthy adjournment mid-trial), repair and storage liens in the automobile insurance context, the tort of conversion, as well as several short procedural decisions.

Litige civil, Student Forum

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 9 – APRIL 13, 2018 )

  • 20 avril 2018
  • John Polyzogopoulos

In Wallbridge v. Brunning, the Court of Appeal held that whether a law firm can be vicariously liable for defamatory statements made by a lawyer who practices “in association” with it, is an issue of general importance that should be determined at a trial and not on a motion for summary judgment. Other topics covered this week included several wills and estates matters, wrongful dismissal, family law (custody and abduction), limitation periods and some procedural matters.

Litige civil, Student Forum

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 2- APRIL 6)

  • 08 avril 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Litige civil, Droit de la famille, Droit des franchises et 4 en plus, Technologies de l'information et le droit de la propriété intellectuelle, Droit des assurances, Droit international, Droit immobilier

The Costs of Costs Uncertainty in Class Proceedings

  • 05 avril 2018
  • Paul-Erik Veel, Lenczner Slaght

“Like a forest fire in this era of climate change, costs in class proceedings have gotten out of control.” These were the opening words of Justice Perell in his recent costs decision following a successful defence motion to stay the class proceedings in Heller v Uber Technologies Inc, 2018 ONSC 1690.

Litige civil, Droit des recours collectifs

ONTARIO COURT OF APPEAL SUMMARIES (MARCH 19 – MARCH 23)

  • 03 avril 2018
  • John Polyzogopoulos

Topics covered this week included a priority dispute between insurers in a SABs case, the tort of misfeasance in public office in the context of a challenge to a governmental policy decision (the partial privatization of Hydro One), solicitor negligence, and discharges from bankruptcy.

ONTARIO COURT OF APPEAL SUMMARIES (MARCH 12 – MARCH 16)

  • 26 mars 2018
  • John Polyzogopoulos

The civil decisions released by the Court of Appeal this week dealt with issues such as enforcement of terms of settlement, discoverability, the authority of a lawyer to act on behalf of an incapacitated client and others.

Litige civil

Ontario Court of Appeal Summaries (February 19–23)

  • 26 février 2018
  • John Polyzogopoulos

Topics covered this week include a claim of solicitor negligence; a claim that a judgment was for misappropriation while acting in a fiduciary capacity, and therefore survived bankruptcy; a relief from forfeiture case; a priority dispute between insurers in the MVA context; an administrative law decision in the union grievance context; and several decisions of a more procedural nature.

Litige civil