Blaney's Appeals: Ontario Court of Appeal Summaries (June 10-14)

  • June 20, 2019
  • John Polyzogopoulos

In Hurst v. Hancock, 2019 ONCA 0483, the Court reminded us that where there is anticipatory breach of contract, the innocent party can either immediately accept the anticipatory breach, treat the contract as at and end, and sue for breach, or the innocent party can wait until performance is due and actual breach occurs. If the innocent party elects the latter option, the claim for breach of contract does not arise until the time for performance and the actual breach for the purpose of calculating the limitation period to sue on the claim.

Other topics covered this week included administrative law in the labour law context, malicious prosecution, negligent investigation and breach of contract in the construction context.

Table of Contents

Civil Decisions

Ashgar v. Toronto Police Services Board, 2019 ONCA 0479

Keywords: Torts, Malicious Prosecution, Negligent Investigation, Conspiracy, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Lack of Particularity, Frivolous and Vexatious, Rules of Civil Procedure, Rules 21.01(1)(b), 21.01(3)(d), 25.06(8) and 26, Doe v. Metropolitan Toronto (Municipality) Commissioners of Police (1990), 74 O.R. (2d) 225 (Div. Ct.), Spar Roofing & Metal Supplies Ltd. v. Glynn, 2016 ONCA 296

Canada Post Corporation v. Canadian Union of Postal Workers, 2019 ONCA 0476

Keywords: Administrative Law, Judicial Review, Standard of Review, Reasonableness, Labour Law, Grievances, Arbitrations, Collective Bargaining Agreements, Interpretation, Temporary Workers, Termination, Reasonable Availability for Work, Dunsmuir v. New Brunswick, 2008 SCC 9

Hurst v. Hancock, 2019 ONCA 0483

Keywords: Contracts, Anticipatory Breach, Anticipatory Repudiation, Civil Procedure, Limitation Periods, Summary Judgment, Ali v. O-Two Medical Technologies Inc., 2013 ONCA 733

Short Civil Decisions

G. Cooper Equipment Rentals Limited v. 2208011 Ontario Limited (Trifield Construction), 2019 ONCA 0475

Keywords: Breach of Contract, Construction Law, Breach of Trust, Civil Procedure, Simplified Procedure, Summary Judgment, Construction Act, R.S.O. 1990, c. C-30

Bang v. Sebastian, 2019 ONCA 0501

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Consequential Damages, Mitigation, Evidence, Hearsay

Zambo v. 848875 Ontario Inc. (Gary’s No Frills), 2019 ONCA 0499

Keywords: Civil Procedure, Appeals, Jury Verdicts, Gutbir v. University Health Network, 2012 ONCA 66