Blaney's Appeals: Ontario Court of Appeal Summaries (April 29 - May 3, 2019)

  • 11 mai 2019
  • John Polyzogopoulos

The most notable was The Catalyst Capital Group Inc. v. VimpelCom Ltd. In perhaps the final installment of the litigation stemming from Catalyst’s attempted purchase of Wind Mobile in 2014, the Court found that Justice Hainey did not err in striking the claims on a pleadings motion on the basis of issue estoppel and abuse of process. Related issues had already been determined by Justice Neubould in a prior action in The Catalyst Capital Group Inc. v Moyse, 2016 ONSC 5271, from which an appeal had been dismissed in 2018 ONCA 283.

In Amyotrophic Lateral Sclerosis Society of Essex County v. Windsor (City), the Court determined that the deemed undertaking does not shield from disclosure to the defendants that names of class members who opted out of the class.

In Canadian National Railway Company v. Crosslink Bridge Corp., the Court upheld the dismissal, by way of summary judgment, of a negligence claim against a real estate lawyer regarding the purchase of land that was subject to an MOE order.

In 2089322 Ontario Corporation v. Des Roches, the Court allowed an appeal to permit a party to challenge the authenticity of a document in a contractual dispute.

Finally and unfortunately for all of us, in Howard v. Attorney General of Canada, the Court determined that those of us who live in Canada are subject to federal and provincial laws, and therefore we had no choice but to file and pay taxes earlier this week.