Court of Appeal Summaries (April 13 – 17, 2020) April 23, 2020 John Polyzogopoulos There were five substantive civil decisions released by the Court of Appeal for Ontario this week.
Blaney's Appeals: Ontario Court of Appeal Summaries (April 6 – 10, 2020) April 14, 2020 John Polyzogopoulos There was only one substantive civil decision released by the Court of Appeal this week - 1842752 Ontario Inc. v Fortress Wismer 3-2001 Ltd.
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.
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.
Blaney's Appeal: Court of Appeal Summaries (February 17-21, 2020) February 25, 2020 John Polyzogopoulos Following are this week’s summaries of the Court of Appeal for Ontario.
Building Your Own Trial Process: The Procedural Foundation for Hybrid Trials February 25, 2020 Kimberly Boara Alexander, partner, KBA Partners LLP Litigators can use the Rules of Civil Procedure to better advantage; Kimberly Boara Alexander suggests how.
Blaney's Appeals: Court of Appeal Summaries (February 10 – 14, 2020) February 25, 2020 John Polyzogopoulos Following are this week’s summaries of the civil decisions. Ingarra v. 3010999 Ontario Limited (Previn Court Homes) is a reminder to residential real estate lawyers that their clients purchasing new homes have added rights under the Tarion legislation regarding extensions of the closing date. In Zhao v. Li, the Court of Appeal distinguished between singular and ongoing acts of oppression. Other topics included a large fraud against a foreign pension fund.
Ontario Recognizes New Privacy Tort February 18, 2020 Shalom Cumbo-Steinmetz, Lara Guest, Ronak Shah and Molly Reynolds, Torys LLP, In a landmark decision, Yenovkian v. Gulian, released December 19, 2019, the Ontario Superior Court of Justice recognized the privacy tort of “publicity placing a person in a false light” for the first time in Canada.
Incentivizing Change: The Emergent Models February 18, 2020 David Rainsberry David Rainsberry asks how lawyers can be incentivized to change how they engage with conflict resolution processes and improve access to justice.
Blaney's Appeals: Court of Appeal Summaries (February 3 – 7, 2020) February 12, 2020 John Polyzogopoulos Following are this week’s summaries of the Court of Appeal for Ontario. In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.