Articles

About Articles The below articles are published by the Civil Litigation Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editor:  David Milosevic

Today
Today

Court of Appeal Summaries (May 11 – 15, 2020)

  • May 22, 2020
  • John Polyzogopoulos

Following are summaries of the four substantive civil decisions of the Court of Appeal for Ontario released last week. In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., the Court ordered the appeal to be heard in writing over the objection of one of the parties, finding there was nothing in the Courts of Justice Act or the Rules of Civil Procedure that prevented the Court from doing so in these extraordinary times.

Civil Litigation, Student Forum

Court of Appeal Summaries (March 30 – April 3, 2020)

  • April 06, 2020
  • John Polyzogopoulos

Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. In Carleton Condominium Corporation No. 476 v. Wong, the Court issued its first decision regarding COVID-19. The appellant requested an adjournment of an appeal because in-person hearings are suspended. Paciocco J. denied the request, holding that the inevitable backlog of appeals should not be aggravated by adjourning matters that can be fairly adjudicated in writing.

Civil Litigation, Student Forum

Court of Appeal Summaries (February 24 – 28, 2020)

  • March 04, 2020
  • John Poloyzogopoulos

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

Civil Litigation, Student Forum