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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 (Oct. 5 - Oct. 9, 2015)

  • 22 octobre 2015
  • John Polyzogopoulos

The Ontario Court of Appeal only released two substantive civil decisions this week, along with many more endorsements and criminal law decisions. The civil cases involved an issue of an alleged conflict of interest of a Vaughan city councillor (no conflict was found), and the re-opening of a trial in light of fresh evidence uncovered by the CBC’s show, Marketplace.

Litige civil

Blaneys Court of Appeal Summaries (Oct. 12 - Oct. 16, 2015)

  • 22 octobre 2015
  • John Polyzogopoulos

There were two substantive civil law decisions from the Court of Appeal this week. One is but another chapter in the Nortel CCAA proceedings and whether certain bondholders are entitled to claim post-CCAA filing interest. The other is about a construction company that sued the City of Ottawa for declaratory relief for alleged breaches of the Occupational Health and Safety Act when asbestos was found at a job site.

Litige civil
SCC Espouses “Generous and Liberal Approach” to Recognition & Enforcement of Foreign Judgments

SCC Espouses “Generous and Liberal Approach” to Recognition & Enforcement of Foreign Judgments

  • 19 octobre 2015
  • Chris Kinnear Hunter

In Chevron Corp. v. Yaiguage, 2015 SCC 42, the Supreme Court of Canada held that the only prerequisite to the recognition and enforcement of a foreign judgment is that the foreign court had a real and substantial connection with the litigants or the subject matter of the dispute, or that the traditional bases of jurisdiction were satisfied. There is no separate requirement to demonstrate a real and substantial connection between the dispute or the defendant and the enforcing forum.

Litige civil
Blaneys Court of Appeal Summaries (Sept. 28-Oct, 2, 2015)

Blaneys Court of Appeal Summaries (Sept. 28-Oct, 2, 2015)

  • 07 octobre 2015
  • John Polyzogopoulos

The one substantive civil decision this week involved an appeal of a motion judge’s order that a garnished bank account enjoyed diplomatic immunity and was thus not subject to garnishment. The court only dealt with the preliminary question of whether hearing the appeal was premature, having regard to Libya’s pending rule 38.11 motion in Superior Court to set the underlying order aside. The appeal was adjourned sine die and the stay of enforcement was continued pending the outcome of the motion.

Litige civil
Blaneys Court of Appeal Summaries (August 31 – September 4, 2015)

Blaneys Court of Appeal Summaries (August 31 – September 4, 2015)

  • 14 septembre 2015
  • John Polyzogopoulos

There were four civil decisions released by the Court of Appeal this week. Areas covered include condo law, administrative dismissals for delay, and two custody and access decisions in high conflict cases (one very high conflict).

Litige civil
Blaneys Court of Appeal Summaries (September 8-11, 2015)

Blaneys Court of Appeal Summaries (September 8-11, 2015)

  • 14 septembre 2015
  • John Polyzogopoulos

The one civil law decision released this week involved the setting aside of an order granting summary judgment in the commercial leasing context where there was a finding of an oral agreement modifying the lease terms. In a rare move, the panel found that it could not substitute its decision for that of the motion judge, but rather than remit the matter back to the motion judge, it invited further written submissions to assist it in rendering a decision.

Litige civil
Blaneys Court of Appeal Summaries (Aug. 24 - 28, 2015)

Blaneys Court of Appeal Summaries (Aug. 24 - 28, 2015)

  • 31 août 2015
  • John Polyzogopoulos

There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.

Litige civil