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

Muscutt Revisited

  • March 01, 2010
  • James Manson

In an attempt to ease the burden of litigants dealing with out-of-province defendants, a five-member panel of the Ontario Court of Appeal has recently overhauled (again) the law of assumed jurisdiction in the province. In Van Breda v. Village Resorts Ltd., 2010 ONCA 84, the Court revisited and restated the oft-criticized common-law test originally set out in Muscutt v. Courcelles (2002), 60 O.R. (3d) (C.A.), in favour of a “refined” and “simplified” test.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (FEBRUARY 26 – MARCH 2)

  • John Polyzogopoulos

Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers’ accounts, wrongful dismissal (calculation of damages, including bonuses), aboriginal law (authority to amend lease of band lands), wills and estates (payment of interest on late distributions), condominium law (oppression and restrictions on use of common elements) and family law (constructive trust, Crown wardship).

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (May 13 – 17, 2019)

  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, the court upheld the constitutionality of two policies enacted by the College.

Civil Litigation, Student Forum