Blaneys Court of Appeal Summaries (July 18-22) July 26, 2016 John Polyzogopoulos Summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include contracts, summary judgment in the limitation period context, and contempt. John Polyzogopoulos Blaney McMurtry LLP jpolyzogopoulos@blaney.com Tel: 416.593.2953 http://www.blaney.com/lawyers/john-polyzogopoulos
Blaneys Court of Appeal Summaries (July 11 – July 15) July 18, 2016 John Polyzogopoulos Below are the summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include summary judgment in the context of medmal, fraud and debtor-creditor claims, the ability (or lack thereof) to appeal from arbitral decisions on issues of jurisdiction, and a family law decision involving a claim to unequal division of family property. As always, we welcome your comments and feedback.
Blaneys Court of Appeal Summaries (July 4 – July 8) July 18, 2016 John Polyzogopoulos Summaries of this week’s civil decisions released by our Court of Appeal. Areas of law covered include Municipal Law, Civil Procedure, Administrative Law, Contracts, Family Law, Crown Liability, Condominium Law, and Real Property Law.
Blaneys Court of Appeal Summaries (June 27-June 30 July 18, 2016 John Polyzogopoulos Happy Canada Day to all of you! The Court of Appeal released several decisions this week, most of them yesterday afternoon. The most notable decision of the week was in the Trinity Western case in which the Court upheld the Law Society’s decision denying TWU’s application for accreditation as a law school.
Blaneys Court of Appeal Summaries (June 20-24, 2016) June 30, 2016 John Polyzogopoulos Topics covered this week included family law, municipal law, contractual interpretation, reasonable apprehension of bias, and costs against a lawyer personally. Perhaps the most notable decision is Grant v Equifax Canada regarding credit scores. The Court of Appeal confirmed in that case that you cannot compel a credit bureau to remove reference in your credit score to debts that are more than two years old for which no claim has been brought. Have a nice weekend.
$125-Million Pharmaceutical Damages Award Undone by Hearsay Rule June 22, 2016 J. Bradley White and Nathaniel Lipkus Over the past several years, Canadian courts have considered claims for damages by generic drug companies kept off the market due to patents asserted by brand-name drug companies under Canada’s pharmaceutical patent regulatory scheme. The Court’s May 31st judgment in Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, signals a renewed attention to rigorous application of the rules of evidence, and is expected to have wide implications on the conduct of proceedings in the Federal Court.
Court of Appeal Summaries (June 13 – 17) June 22, 2016 John Polyzogopoulos The Court of Appeal has released a variety of cases this week dealing with such topics as wrongful dismissal, bankruptcy and insolvency, pensions, real estate, and residential landlord and tenant. The most notable decision by far this week is the Groia v. The Law Society of Upper Canada decision in which the court dismissed the member’s appeal from his conviction for professional misconduct.
Blaneys Court of Appeal Summaries (June 6 - 10) June 22, 2016 John Polyzogopoulos Summaries of this week’s civil decisions released by our Court of Appeal. Topics covered include real estate, family law, non-share capital corporations, labour law and leave to extend time to appeal.
Blaneys Court of Appeal Summaries (May 30 - June 3) June 22, 2016 Lea Nebel The following are this week’s summaries of civil decisions released by the Court of Appeal. The topics covered include bankruptcy, the law of guarantee, the principles of contract interpretation, relief from forfeiture, civil procedure (service of foreign defendants) and family law.
Blaney's Ontario Court of Appeal Summaries (May 24-27) June 02, 2016 John Polyzogopoulos Topics covered this week: Family law, bankruptcy, stay of pending appeal to the SCC, torts, and real estate. In the Israel Estate decision, Justice Laskin discusses the difference between an option to purchase and a right of first refusal. In coming to its decision, the court commented on the implied contractual obligation to exercise contractual discretion reasonably and in good faith as well as the deferential standard of review of contractual interpretation imposed by Sattva.