Articles 2019

Aujourdʼhui
Aujourdʼhui
Blaneys Court of Appeal Summaries (November 7 - 10, 2016)

Blaneys Court of Appeal Summaries (November 7 - 10, 2016)

  • 15 novembre 2016
  • John Polyzogopoulos

Topics covered this week included interlocutory vs final orders for the purpose of appeal in the context of summary judgment, the triggering of the duty to defend under a CGL insurance policy, MVA, re-opening an appeal on a new ground not previously raised, real and substantial connection, and exclusion clauses in equipment leases.

Litige civil
Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

  • 15 novembre 2016
  • Varoujan Arman and John Polyzogopoulos

The recent decision of the Court of Appeal for Ontario in Novatrax International Inc. v. Hägele Landtechnik GmbH provides a prime example of how arbitration clauses can complicate, rather than simplify matters. The result in that case is that there may now be more than one proceeding to resolve the dispute – an arbitration, plus a court case.

Litige civil
Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

  • 04 novembre 2016
  • John Polyzogopoulos

Civil topics covered included MVA, SABs, family law, vexatious litigants, employment law, simplified procedure and another chapter in the Indian Residential Schools settlement.The RJM56 Investments Inc v Kurnik decision highlights the importance of litigators not treating the tax implications of a settlement as an afterthought and of obtaining tax advice before completing a settlement.

Litige civil

Blaneys Court of Appeal Summaries (October 24-28, 2016)

  • 01 novembre 2016
  • John Polyzogopoulos

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.

Litige civil

Blaneys Court of Appeal Summaries (October 11-14, 2016)

  • 17 octobre 2016
  • John Polyzogopoulos

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.

Litige civil
Blaneys Court of Appeal Summaries (October 3-7, 2016)

Blaneys Court of Appeal Summaries (October 3-7, 2016)

  • 15 octobre 2016
  • John Polyzogopoulos

There were five substantive civil decisions released and summarized this week. They dealt with duty of care, wrongful termination, the difference between litigation experts and participant experts, legal and equitable assignments, as well as an endorsement amending an order requiring counsel asserting a solicitors lien to produce the file to new counsel.

Litige civil

Blaneys Court of Appeal Summaries (September 26 - 30, 2016)

  • 03 octobre 2016
  • Chad Kopach

There were seven substantive civil decisions released this week, and three of note: 407 ETR Concession Company Limited v. Day; Trillium Motor World Ltd. v. General Motors of Canada Limited; and Enerzone Inc. v. Ontario (Revenue). In particular, in 407 ETR Concession Company Limited v. Day, the Court approved the contractual extension of the limitation period in the 407 transponder lease agreements.

Litige civil

Blaneys Court of Appeal Summaries (September 19 – 23, 2016)

  • 27 septembre 2016
  • John Polyzogopoulos

There were several substantive civil decision released this week. They included a priority dispute in the receivership, a motion to stay a Superior Court order pending the determination of a leave application to appeal to the Supreme Court of Canada, and an option to purchase a property and a question as to the ensuing rent owed.

Litige civil

Blaneys Court of Appeal Summaries (September 12-16, 2016)

  • 27 septembre 2016
  • Lea Nebel

There were three substantive civil decisions this week. Williams v. Toronto (City), is a class action against the City for negligence by tenants who occupied rooming houses with analysis on the legal test for finding a duty of care in negligence. Thompson v. Ontario (Attorney General) focuses on whether Brian's Law violates the Charter of Rights and Freedoms. Balev v. Baggot concerns the meaning of habitual residence in the Hague Convention.

Litige civil