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

Court of Appeal Summaries (January 11 – 15, 2021)

  • January 22, 2021
  • John Polyzogopoulos

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 11. There were only three substantive civil decisions released this past week.

Civil Litigation, Student Forum

Court of Appeal Summaries (January 4-8, 2021)

  • January 13, 2021
  • John Polyzogopoulos

Only two civil decisions were released this week, one of them short. In Oakville (Town) v Sullivan, the Court’s first reported decision of 2021, the Court addressed an encroachment upon a hydro easement. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Visit https://www.cbapd.org/details_en.aspx?id=ON_ON21CIV03I for more information and to register.

Civil Litigation, Student Forum

The Three Chiefs: Interviews with the Three Chief Justices of Ontario on the Courts' Response to COVID-19 and the Modernization of the Justice System

  • January 12, 2021
  • Chief Justice George R. Strathy, Court of Appeal for Ontario; Chief Justice Geoffrey B. Morawetz, Ontario Superior Court of Justice; Chief Justice Lise Maisonneuve, Ontario Court of Justice; and David Milosevic

Chief Justice Strathy of the Court of Appeal for Ontario, Chief Justice Morawetz of the Ontario Superior Court of Justice, and Chief Justice Maisonneuve of the Ontario Court of Justice, describe the courts' response to the COVID-19 crisis, and discuss efforts being undertaken to modernize Ontario's justice system.

Civil Litigation, Student Forum

Court of Appeal Summaries (December 21 - December 31, 2020)

  • January 06, 2021
  • John Polyzogopoulos

Below are our last summaries of 2020. On another note, please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our 5th annual “Top Appeals” CLE, which will be held via Zoom. I am pleased to announce that Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider. Please register for the program on the OBA's website.

Civil Litigation, Student Forum

Court of Appeal Summaries (December 14-December 18, 2020)

  • December 23, 2020
  • John Polyzogopoulos

Following are our summaries of the past week’s civil decisions of the Court of Appeal for Ontario. The Court delivered a flurry of year-end decisions ahead of the holidays.

Civil Litigation, Student Forum

Court of Appeal Summaries (December 7 – December 11, 2020)

  • December 15, 2020
  • John Polyzogopoulos

The following are our summaries of the civil decisions of the Court of Appeal for the week of December 7, 2020. We have also summarized R. v. Irwin, a provincial offences decision relating to Building Code violations, as it deals with the rule prohibiting collateral attacks of orders, and is therefore a decision applicable in the civil and administrative law context. Other topics covered include jurisdiction, reasonable apprehension of bias, occupier’s liability and family law.

Civil Litigation, Student Forum

Court of Appeal Summaries (November 30-December 4, 2020)

  • December 09, 2020
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario. In Zoutman v Graham, the appellant’s delay of over 6 months in bringing an anti-SLAPP motion was fatal, as it subverted the intent & purpose of s.137.1 of the CJA, and where a defendant denies making the defamatory statements, an anti-SLAPP motion is unavailable. Other topics were rescission due to misrepresentation in a real estate contract, jurisdiction in the labour law context, and stay pending appeal.

Civil Litigation, Student Forum

Court of Appeal Summaries (November 23 - November 27, 2020)

  • November 30, 2020
  • John Polyzogopoulos

There were only two civil decisions of any length released by the Court of Appeal this past week. However, in J.M.J. Family Trust v. Simcoe Block (1979) Limited, we are reminded that a debtor’s liability for “reasonable” legal fees incurred by a creditor enforcing a commercial agreement is not the same thing as liability for costs under the costs regime of the Rules.

Civil Litigation, Student Forum