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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
Blaneys Court of Appeal Summaries (February 27-March 3, 2017)

Blaneys Court of Appeal Summaries (February 27-March 3, 2017)

  • 06 mars 2017
  • John Polyzogopoulos

Summaries for this past week’s civil decisions. In Moore v Sweet, the Court discussed whether a constructive trust can be imposed only on two bases: unjust enrichment and wrongful acts, or whether there are other grounds to award a constructive trust. Other topics included family law decisions, several procedural decisions – jurisdiction, reasonable apprehension of bias, sufficiency of reasons, setting aside orders, extensions of time to appeal and stays pending appeal.

Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

  • 08 février 2017
  • Lea Nebel

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered this week included: the effect of pending retirement on a high income earner with spousal support obligations (Schulstad); a dispute between two law firms regarding an agency agreement that resulted in a charging order (Fancy Barristers); and the sufficiency of a pleading in a defamation case (Catalyst Capital).

Litige civil

Known Unknowns: Ontario Court of Appeal Provides Guidance on Discoverability in Potentially Contaminated Lands Cases

  • 30 janvier 2017
  • Jennifer Fairfax, Patrick G. Welsh, Rebecca Hall-McGuire and Evan J. Barz

In Crombie Crombie v McColl, the Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction, particularly as to when “knowledge” of contamination arises for the purpose of understanding when applicable limitation periods in environmental litigation may be deemed to have expired.

Litige civil
Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

  • 11 janvier 2017
  • John Polyzogopoulos

Happy New Year! Here are summaries of this week’s civil decisions of the Court of Appeal. Most of them were procedural in nature (dismissal for delay, appellate jurisdiction, limitation periods, setting aside orders, summary judgment).

Litige civil
Blaneys Court of Appeal Summaries (December 12-16, 2016)

Blaneys Court of Appeal Summaries (December 12-16, 2016)

  • 03 janvier 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered this week included a number of civil procedure issues (civil contempt, appeal routes, administrative dismissals for delay), of couple of real property/municipal law cases (dedication of roads, relief from forfeiture) and an unjust enrichment case in the context of a family dispute.

Blaneys Court of Appeal Summaries (December 19 – 23, 2016)

Blaneys Court of Appeal Summaries (December 19 – 23, 2016)

  • 03 janvier 2017
  • John Polyzogopoulos

Below are the summaries for last week’s civil decisions of the Court of Appeal. Topics covered included defamation, municipal liability, MVA, breach of contract, family law, wills and estates, tax, crown wardship and several procedural decisions covering jurisdiction/forum non conveniens, civil contempt, extensions of time to perfect appeals and striking pleadings.

Litige civil
Blaneys Court of Appeal Summaries (December 28 – 30, 2016)

Blaneys Court of Appeal Summaries (December 28 – 30, 2016)

  • 03 janvier 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered this week include several family law decisions, police liability, the interpretation of municipal procurement bylaws, which is to be reviewed on a standard of correctness, and an unsuccessful attempt to enforce international arbitral awards obtained against a foreign state against the assets of a corporation wholly owned by that state.

Litige civil
Blaneys Court of Appeal Summaries (November 21-25, 2016)

Blaneys Court of Appeal Summaries (November 21-25, 2016)

  • 27 novembre 2016
  • John Polyzogopoulos

Here are the summaries for this week’s civil decisions of the Court of Appeal. It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support arising out of a material change in circumstances. The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

Litige civil