Articles 2021

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. One noteworthy decision released relates to Bernard Madoff’s Ponzi scheme. Almost 10 years have passed since Madoff’s confession!

Transition requirements for share capital social clubs Under the Ontario Corporations Act on Proclamation of the Ontario Not-for-Profit Corporations Act, 2010.

Topics covered this week include applications for release from immigration detention pursuant to the Habeas Corpus Act and related infringement of Charter rights, as well as collateral attacks relating to leave applications for appealing a costs award.

This week’s summaries include two property boundary disputes between neighbours, a child custody decision, several criminal decisions, and a couple of Ontario Review Board decisions.

The recent OBA Elder Law Section CPD program, "Congregate Care: Legal Issues Facing Residents, Families & Substitute Decision-Makers,” conveyed how critical clear communication is to explaining and understanding the rights of hospital patients and residents of long-term care and retirement homes.

In two recent decisions, Harvey v. The Queen, 2018 TCC 67 and Ashworth v. The Queen, 2018 TCC 76, the Tax Court of Canada addressed issues of consideration and valuation in the context of non-arm's length transfers by tax debtors, demonstrating the importance of expert valuation and documentation.

Topics covered in our summaries of this week’s civil decisions of the Ontario Court of Appeal include crown wardship, constructive dismissal, partial summary judgment, unjust enrichment as a result of an overpayment by an insurer, a construction lien action, and a claim for negligent investigation and related torts against the police and Fire Marshall in a case of arson by negligence.

Examining the application of the standard two-year limitation period in the context of mandatory alternative dispute resolution provisions often found in franchise agreements, with reference to the relatively recent decision, PQ Licensing S.A. v. LPQ Central Canada Inc., 2018 ONCA 331.

Topics covered in this week's summaries include the validity of a will of someone with chronic alcoholism and an application for habeas corpus in the immigration law context.