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

Blaney's Ontario Court of Appeal Summaries (November 24 - 28)

  • December 10, 2014
  • John Polyzogopoulos

Our Court of Appeal released thirteen civil decisions this week. Topics covered included construction liens, summary judgment in several different contexts, including an interesting decision in a wills and estates matter involving allegations of undue influence, family law, employment law, MVA, Rule 21 in the context of a malicious prosecution and Charter damages claim, and a labour law decision involving alleged reasonable apprehension of bias of an OLRB panel member.

Civil Litigation

Blaney's Court of Appeal Summaries (Oct. 6 - 10, 2014)

  • November 18, 2014
  • John Polyzogopoulos

This week’s OCA Summaries include an interesting decision for our corporate/commercial followers on when a guarantor has a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no default by the borrower nor demand for payment by the bank. The Court also dismissed the appeal from the Superior Court’s refusal to certify as a class action an overtime pay claim against CIBC.

Civil Litigation

Blaney's Court of Appeal Summaries (Oct. 20 - 24, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Some topics for this week include: dismissal of a class action against the former Nortel, summary judgement motions relating to the Insurance Act and the Statutory Accident Benefits Schedule, court approval of fees charged by a receiver in a Bankruptcy proceeding, warranty agreement dispute by purchasers of new condominiums, a variation of a costs award for contempt of court, and actionable encroachment over a right-of-way.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Oct. 27 - 31, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Following are this week’s Ontario Court of Appeal Summaries. Topics covered this week include contract law in the real estate and employment law contexts, oppression remedies and related tax consequences, estates, civil contempt and a reminder of the monetary jurisdiction of the Court of Appeal.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Oct. 13 - 17, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Below are this week’s summaries. Topics include summary judgment in the limitation period context, property disputes involving religious organizations, family law, appellate jurisdiction for appeals from small damages awards, concurrent liability in tort and contract in the context of an agreement of purchase and sale of land and municipal freedom of information requests.

Civil Litigation

Blaney's Ontario Court of Appeal Summaries (Nov. 3 - 7, 2014)

  • November 18, 2014
  • John Polyzogopoulos

Some of this week’s topics include Summary Judgment (genuine issue of credibility in MVA context, limitation periods and Crown Liability), Contract law (subject-matter jurisdiction in a tendering case and interpretation of use clause in a lease), Enforcement of Settlements (where allegations of lack of capacity) and Crown liability and the importance of complying with the strict notice requirements of the Proceedings Against the Crown Act.

Civil Litigation