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 Ontario Court of Appeal Summaries (Nov. 3 - 7, 2014)

  • 18 novembre 2014
  • John Polyzogopoulos

Some of this week’s topics include Summary Judgment (genuine issue of credibility in MVA context, limitation periods and Crown Liability), Contract law (subject-matter jurisdiction in a tendering case and interpretation of use clause in a lease), Enforcement of Settlements (where allegations of lack of capacity) and Crown liability and the importance of complying with the strict notice requirements of the Proceedings Against the Crown Act.

Litige civil

Blaney's Ontario Court of Appeal Summaries (Nov. 10 - 14)

  • 17 novembre 2014
  • John Polyzogopoulos

The Hazelton Lanes decision is a black mark on the administration of justice. It is an unfortunate and stark reminder to trial counsel of the importance of proper and timely documentary disclosure and cooperation and communication between counsel to focus on what is relevant to ensure that cases are tried fairly and efficiently. This 3 day trial went for 50 days without being decided on the merits. The end result is that the parties will now have to do it all over again.

Litige civil

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

  • 17 novembre 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.

Litige civil

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

  • 13 novembre 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).

Litige civil
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?

  • 07 mai 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.

Litige civil

Online Daily Court Lists

  • 05 mai 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.

Litige civil
Will new PIPEDA amendments spur privacy class actions?

Will new PIPEDA amendments spur privacy class actions?

  • 15 avril 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.

Litige civil