Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du litige civil de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : John Polyzogopoulos, Nastaran Roushan

Aujourdʼhui
Aujourdʼhui

Court of Appeal Summaries (November 2 – November 6, 2020)

  • 13 novembre 2020
  • John Polyzogopoulos

There were quite a few substantive decisions of the Court of Appeal released this week. Topics covered this week included another round of litigation in the Indian Residential School Settlement, vexatious litigants, the setting aside of an order granting summary judgement in the context of a shareholder’s agreement involving a right of first refusal, limitation periods, family law.

Litige civil, Student Forum

Message from the Editor

  • 04 novembre 2020
  • David Milosevic, Milosevic Fiske LLP

This edition of the Insider is titled 'Who knew?". Articles by Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegel Lipkus LLP, Jacqueline King and Matilda Lici of Shibley Righton LLP, and Cameron Fiske of Milosevic Fiske LLP, share little known practice points that could be a lifesaver on your next file. Enjoy!

Litige civil, Student Forum

(N0) Second Chances: When can you examine additional corporate representatives?

  • 04 novembre 2020
  • Jacqueline L. King and Matilda Lici, Shibley Righton LLP

Examinations for Discovery are a fundamental step in litigation. A party is entitled to examine a corporate representative with knowledge of the events at issue. As Jacqueline L. King and Matilda Lici of Shibley Righton LLP explain, it may not be so simple.

Litige civil, Student Forum

The Uncommon Law of Rule 49: Rejected Offers Remain Open for Acceptance

  • 04 novembre 2020
  • Marc Kestenberg and Kevin Schoenfeldt, Kestenberg Siegel Lipkus LLP

Beware of Rule 49 offers that may remain open even though they may have been rejected or there has been a counteroffer. Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegel Lipkus LLP explain how Rule 49 offers derogate from common law rules of contract.

Litige civil, Student Forum

LawPRO’s Immunity is Impenetrable

  • 04 novembre 2020
  • Cameron Fiske, Milosevic Fiske LLP

In this Article, Cameron Fiske discusses the surprising result that plaintiff’s cannot add LawPro to professional liability claims as third parties, thus potentially preventing recovery for meritorious claims where the defendant lawyer has been denied coverage or has failed to report the claim.

Litige civil, Student Forum

Court of Appeal Summaries (October 19 - October 23, 2020)

  • 30 octobre 2020
  • John Polyzogopoulos

There were only three substantive decisions released by the Court of Appeal this week. In Paulpillai Estate v. Yusuf, the Court reviewed in detail the factors to be considered in an analysis of whether an order is final or interlocutory for the purposes of determining the proper appeal route. Other topics covered this week included bank negligence, and building code violations. Wishing everyone a pleasant weekend.

Litige civil, Student Forum

Court of Appeal Summaries (October 13 – October 16, 2020)

  • 20 octobre 2020
  • John Polyzogopoulos

There were only two substantive civil decisions release by the Court of Appeal for Ontario this past week. Both related to the enforcement of settlements, one of a debt, the other of a medmal claim.

Litige civil, Student Forum

Court of Appeal Summaries (October 5 - October 9, 2020)

  • 13 octobre 2020
  • John Polyzogopoulos

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. The decisions were all fairly short. Topics covered included prescriptive easements, breach of contract, family law (support), the approval of a settlement and contingency fee agreement in a personal injury matter and security for costs.

Litige civil, Student Forum