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
Blaney's Court of Appeal Summaries (March 9-13, 2015)

Blaney's Court of Appeal Summaries (March 9-13, 2015)

  • 18 mars 2015
  • John Polyzogopoulos

There were quite a few summary judgment cases dealt with by the Court of Appeal this week, several dealing with limitation periods. There was also an interesting franchise law decision discussing the contract law doctrine of severance of void or unenforceable terms from the rest of the contract and a decision on whether a judge of the Ontario Superior Court of Justice could participate in a joint hearing with other supervisory judges either inside or outside of Ontario.

Litige civil
Blaney's Court of Appeal Summaries (March 2-6, 2015)

Blaney's Court of Appeal Summaries (March 2-6, 2015)

  • 18 mars 2015
  • John Polyzogopoulos

It was a quiet week for the Court of Appeal. Topics covered in this week’s civil decisions (non-criminal) include: detention order reviews; determining whether orders are interlocutory or final; whether a motion for leave to appeal should be reopened; whether a court’s dismissal of a counterclaim on summary judgment was justified; limitation periods in the context of negligent investigation; and of course costs decisions.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 23-27, 2015)

  • 17 mars 2015
  • John Polyzogopoulos

Summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include family law support obligations, statutory interpretation of municipal tax laws, the collection of realty taxes from a tenant, and a discussion of prejudice in dismissal for delay motions.

Litige civil
Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

Court of Appeal Affirms Privacy Tort Applies to Breach of Private Health Information

  • 04 mars 2015
  • Ezra Siller and Teresa A. Reguly

The Ontario Court of Appeal has affirmed the applicability of the common law tort of intrusion upon seclusion in the healthcare context. In Hopkins v. Kay, 2015 ONCA 112, the Court of Appeal affirmed that the Ontario Personal Health Information Protection Act does not preclude a common law tort action for breach of privacy.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 16 to 19, 2015)

  • 04 mars 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include privacy, franchise law, issue estoppel, appellate jurisdiction over a trial judge’s decision to strike a jury (with a strongly-worded dissent by Laskin J.A.), and the permissibility of using surveillance evidence at trial without disclosing it to the opposing party.

Litige civil
When Enough is Enough: Court of Appeal Takes Hard Line on Delay

When Enough is Enough: Court of Appeal Takes Hard Line on Delay

  • 03 mars 2015
  • Jaclyn Greenberg

The Ontario Court of Appeal affirmed in Wallace v. Crate’s Marine Sales Ltd, 2014 ONCA 671 that inordinate delay in pursuing an action may be construed as an abuse of process, and as undermining the administration of the civil justice system.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 9 - 13, 2015)

  • 19 février 2015
  • John Polyzogopoulos

Topics include nuisance, occupier’s liability, estates, procedure to be taken where it is unclear whether an arbitrator has jurisdiction, an unsuccessful attempt to invalidate the actions of a Union at a national convention, summary dismissal of a subrogated action and unconscionability of an exclusion clause under an insurance policy.

Litige civil

Commercial List Users' Committee Newsletter: A Year in Review - January 2015

  • 19 février 2015
  • Editors: Pamela L. J. Huff, Harvey G. Chaiton

A year has passed since the last edition of the Commercial List Users’ Committee Newsletter. This Issue #7 of the newsletter looks back at the experience of the Commercial List in 2014, and provides information and practice notes for the coming year.

Litige civil

Blaney's Court of Appeal Summaries (Feb. 2-6, 2015)

  • 12 février 2015
  • John Polyzogopoulos

This week’s topics include the contractual interpretation of a lease agreement in the context of an option to renew, the calculation of an award for wrongful dismissal, the availability of summary judgment in the context of third party claims, and the removal of counsel where a conflict of interest existed between an insured motorist and his insured.

Litige civil