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

Blaneys Court of Appeal Summaries (July 20-24, 2015)

  • August 10, 2015
  • Lea Nebel

Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include vicarious liability; lease assignments; setting aside default judgments; bankruptcy; contempt orders and reasonable apprehension of bias.

Civil Litigation
Court of Appeal Summaries (July 13 - 17, 2015)

Court of Appeal Summaries (July 13 - 17, 2015)

  • July 20, 2015
  • John Polyzogopoulos

Below are summaries of the few civil decisions released by the Court of Appeal this week, followed by a list of short endorsements and criminal decisions. Topics covered include contract interpretation, limitation periods in the context of statutory accident benefits claims, and injunctions for zoning by-law violations.

Civil Litigation
Court’s CCAA supervision trumps forum selection clause

Court’s CCAA supervision trumps forum selection clause

  • July 16, 2015
  • Matthew Lerner

An ongoing insolvency proceeding under the Companies’ Creditors Arrangement Act can now be added to the short list of circumstances in which a court will decline to follow a forum selection clause in a commercial contract.

Civil Litigation
Court of Appeal Clarifies Law on Absolute Privilege

Court of Appeal Clarifies Law on Absolute Privilege

  • July 16, 2015
  • Rebecca Jones

In Salasel v. Cuthbertson (2015 ONCA 115), the Court of Appeal provided welcome clarification on doctrine of absolute privilege, in a decision that revisited the fraught case of Hassan Rasouli.

Civil Litigation
When is a case too complex for a jury?

When is a case too complex for a jury?

  • July 16, 2015
  • Naomi Loewith

In Ontario, either party in a civil action can demand that its case be decided by a jury. In Kempf v. Nyugen (2015 ONCA 114), the Court of Appeal for Ontario addressed the question of when a case can be removed from a jury’s hands because it is too complex, in a decision that strengthens the right to have civil cases decided in jury trials.

Civil Litigation
Court of Appeal Summaries (July 6 - 10, 2015)

Court of Appeal Summaries (July 6 - 10, 2015)

  • July 16, 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal decisions. As usual, there are full summaries for the substantive civil decisions.

Civil Litigation
Blaney's Court of Appeal Summaries (June 22-26, 2015)

Blaney's Court of Appeal Summaries (June 22-26, 2015)

  • June 30, 2015
  • John Polyzogopoulos

Below are summaries of this week’s OCA civil decisions (non-criminal). Special mention goes to our own Ian Epstein who successfully resisted an appeal from a decision of a motions judge to dismiss the claim against our client as disclosing no reasonable cause of action.

Civil Litigation
Blaney's Court of Appeal Summaries (June 15-19, 2015)

Blaney's Court of Appeal Summaries (June 15-19, 2015)

  • June 24, 2015
  • John Polyzogopoulos

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include contractual interpretation, child and spousal support payments, conversion, the equitable remedy of rectification, non-possessory liens, and the State Immunity Act.

Civil Litigation
Blaney's Court of Appeal Summaries (June 1 – 5, 2015)

Blaney's Court of Appeal Summaries (June 1 – 5, 2015)

  • June 24, 2015
  • John Polyzogopoulos

Below are the summaries of this week’s Ontario Court of Appeal decisions. There were not very many decisions released this week. Topics covered include the duty to defend in insurance law, real estate, bankruptcy and insolvency, unjust enrichment, medical negligence, landlord and tenant, and family law.

Civil Litigation