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

Editors:  Aaron Gold and Crystal Park

Today
Today
Bankruptcy Won’t Shield Debtor from Court’s Contempt Powers

Bankruptcy Won’t Shield Debtor from Court’s Contempt Powers

  • September 24, 2015
  • Andrew Parley and Constanza Pauchulo

A fundamental purpose of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “Act”) is the financial rehabilitation of the “honest but unfortunate” debtor. One way that this purpose is achieved is through the automatic stay of proceedings granted under section 69(1)(a) of the Act.

Civil Litigation
Blaneys Court of Appeal Summaries (September 14-18, 2015)

Blaneys Court of Appeal Summaries (September 14-18, 2015)

  • September 24, 2015
  • John Polyzogopoulos

Topics this week include two lawyers’ professional negligence decisions; a priority dispute between creditors making constructive trust claims and seeking a tracing remedy; the striking of a frivolous defamation and related claims brought by a doctor against former patients who had sued her for malpractice and complained about her to her professional college; a dispute about the internal governance of a private golf course; and a Crown wardship decision under the Child and Family Services Act.

Civil Litigation
Blaneys Court of Appeal Summaries (August 31 – September 4, 2015)

Blaneys Court of Appeal Summaries (August 31 – September 4, 2015)

  • September 14, 2015
  • John Polyzogopoulos

There were four civil decisions released by the Court of Appeal this week. Areas covered include condo law, administrative dismissals for delay, and two custody and access decisions in high conflict cases (one very high conflict).

Civil Litigation
Blaneys Court of Appeal Summaries (September 8-11, 2015)

Blaneys Court of Appeal Summaries (September 8-11, 2015)

  • September 14, 2015
  • John Polyzogopoulos

The one civil law decision released this week involved the setting aside of an order granting summary judgment in the commercial leasing context where there was a finding of an oral agreement modifying the lease terms. In a rare move, the panel found that it could not substitute its decision for that of the motion judge, but rather than remit the matter back to the motion judge, it invited further written submissions to assist it in rendering a decision.

Civil Litigation
Blaneys Court of Appeal Summaries (Aug. 24 - 28, 2015)

Blaneys Court of Appeal Summaries (Aug. 24 - 28, 2015)

  • August 31, 2015
  • John Polyzogopoulos

There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.

Civil Litigation
Blaneys Court of Appeal Summaries (Augst 17 - 21, 2015)

Blaneys Court of Appeal Summaries (Augst 17 - 21, 2015)

  • August 24, 2015
  • John Polyzogopoulos

There were only two civil law decisions released this week by the Ontario Court of Appeal. One involved the enforceability of a settlement agreement in the employment law context. The other related to a dispute regarding relief ordered under the Family Law Act pursuant to a divorce order that included an obligation to make equalization payments and to pay section 7 expenses under the Federal Child Support Guidelines.

Civil Litigation
Blaneys Court of Appeal Summaries (August 10 - 14, 2015)

Blaneys Court of Appeal Summaries (August 10 - 14, 2015)

  • August 17, 2015
  • John Polyzogopoulos

Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include stare decisis and the vicarious liability of motor vehicle owners, class actions and charitable organizations, and the interpretation of a directors’ and officers’ liability policy with regard to the insurer’s liability for defence costs.

Civil Litigation
Blaneys Court of Appeal Summaries (July 27-31, 2015)

Blaneys Court of Appeal Summaries (July 27-31, 2015)

  • August 17, 2015
  • John Polyzogopoulos

Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include summary judgment, new issues on appeal, child and spousal support payment calculations, appeal rights under the Bankruptcy Act, and priority of creditors in garnishments proceedings.

Civil Litigation
Blaney's Court of Appeal Summaries (Aug. 3-6, 2015)

Blaney's Court of Appeal Summaries (Aug. 3-6, 2015)

  • August 10, 2015
  • John Polyzogopoulos

There were two judgments released this week: a family law case concerning the obligation of the primary custodial parent to secure the compliance of a child to an access order in favour of the other parent; an insolvency law decision relating to circumstances in which a CCAA judge can terminate a CCAA liquidation proceeding and assign the insolvent companies into bankruptcy, thereby impacting the priority contest between secured creditors and a pension plan.

Civil Litigation