Articles 2019

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered include commercial leasing, by-law enforcement, municipal liability, assessments under the Solicitors Act, pension obligations under a contract and family law.

There are usually high stakes involved when bringing an injunction. It is therefore important to think critically about how best to advance your client’s claim for this extraordinary relief. This paper will walk through some of the key strategic decisions that a lawyer must make in considering whether to bring a motion for an injunction, and how to do so in a way that maximizes your chance of success.

This week’s Court of Appeal Summaries. Civil topics covered include administrative law/professional discipline (chiropractors), family law (support), contracts, civil procedure in the corporate oppression context (order interlocutory or final for appeal purposes), insurance law (SABs) and commercial tenancies. Special mention to our partner, Reeva Finkel, who on behalf of our client successfully resisted a landlord’s attempt to improperly terminate our client’s tenancy.

In Canada Post Corporation v. Hamilton (City), the Court of Appeal considered the question of whether or not the municipality of Hamilton had the authority to become involved in the decision of where to place thousands of Canada Post mailboxes. In Novatrax International Inc. v. Hägele Landtechnik GmbH, the Court of Appeal addressed the effect of a forum selection and arbitration clause in an agreement. The Court of Appeal was split in its decision.

Summaries for the week’s civil decisions. Topics include spousal support, the stay of an appeal from a contempt order, and of an action under the Arbitration Act. In Singh v Trump, the Court set aside a motion judge’s order dismissing claims against Donald Trump and reinstated claims dismissed by the motions judge that were not properly before him. We all know what happened last time Trump disagreed with a judge presiding over his case.