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
Blaneys Court of Appeal Summaries (June 6 - 10)

Blaneys Court of Appeal Summaries (June 6 - 10)

  • 22 juin 2016
  • John Polyzogopoulos

Summaries of this week’s civil decisions released by our Court of Appeal. Topics covered include real estate, family law, non-share capital corporations, labour law and leave to extend time to appeal.

Litige civil
Blaneys Court of Appeal Summaries (May 30 - June 3)

Blaneys Court of Appeal Summaries (May 30 - June 3)

  • 22 juin 2016
  • Lea Nebel

The following are this week’s summaries of civil decisions released by the Court of Appeal. The topics covered include bankruptcy, the law of guarantee, the principles of contract interpretation, relief from forfeiture, civil procedure (service of foreign defendants) and family law.

Litige civil
Blaney's Ontario Court of Appeal Summaries (May 24-27)

Blaney's Ontario Court of Appeal Summaries (May 24-27)

  • 02 juin 2016
  • John Polyzogopoulos

Topics covered this week: Family law, bankruptcy, stay of pending appeal to the SCC, torts, and real estate. In the Israel Estate decision, Justice Laskin discusses the difference between an option to purchase and a right of first refusal. In coming to its decision, the court commented on the implied contractual obligation to exercise contractual discretion reasonably and in good faith as well as the deferential standard of review of contractual interpretation imposed by Sattva.

Litige civil

Ontario Court of Appeal Summaries (May 16-20, 2016)

  • 26 mai 2016
  • Lea Nebel

The following are this week’s summaries of civil decisions released by the Court of Appeal. Topics covered include: defamation (sufficiency of notice under s.5(1) of the Libel and Slander Act), contempt (in a custody case), breach of contract (in a real estate transaction), tort of conversion, assessment of solicitor accounts, and the principles of adequate vs. insufficient reasons.

Litige civil
Ontario Court of Appeal Summaries (May 9-13, 2016)

Ontario Court of Appeal Summaries (May 9-13, 2016)

  • 26 mai 2016
  • John Polyzogopoulos

Topics included medmal (limitation periods and need for expert evidence on standard of care and causation), the standard of proof of misconduct in police disciplinary hearings, the onus of proof on an insurer alleging material misrepresentation, family law (variation of custody order, property claim, extension of time to appeal), an appeal from an arbitrator’s ruling on the interpretation of a contract, and amending judgments to add judgment-debtors omitted because of alleged misrepresentations.

Litige civil
Ontario Court of Appeal Summaries (May 2-6, 2016)

Ontario Court of Appeal Summaries (May 2-6, 2016)

  • 13 mai 2016
  • John Polyzogopoulos

The Court of Appeal had a busy week and released a number of civil decisions, many of which were procedural in nature - extension of time, leave to appeal, limitation periods, Rule 21. One of these procedural decisions was in the Nortel case, in which the court denied leave to appeal Justice Newbould’s trial decision, apparently bringing the matter substantially closer to a conclusion.

Litige civil
Blaneys Court of Appeal Summaries (April 18-22, 2016)

Blaneys Court of Appeal Summaries (April 18-22, 2016)

  • 18 avril 2016
  • John Polyzogopoulos

Following are this week’s summaries of civil decisions released by the Court of Appeal. Topics covered include contract issues, insurance, environmental regulations, summary judgment and oppression. For me, the most interesting decision was a very short decision in Miller Canfield v BDO Dunwoody. The decision highlights the importance of understanding the difference between contract repudiation and contract termination.

Litige civil
Blaneys Court of Appeal Summaries (April 4-8, 2016)

Blaneys Court of Appeal Summaries (April 4-8, 2016)

  • 18 avril 2016
  • John Polyzogopoulos

In Deslauriers Custom Cabinets and Howard v Benson Group, the Court further chipped away at Sattva and the Supreme Court’s pronouncement in that case that contractual interpretation is now an issue of mixed fact and law and therefore subject to a more deferential standard of review. Other decisions this week involve the class action brought against the Toronto Police as a result of Charter breaches perpetrated during the G20 Summit and the Residential Schools class action.

Litige civil