Articles 2019

Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd. In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.

Below are this week’s summaries of the civil decisions of the Ontario Court of Appeal. Topics this week include family law (imputing income and calculating spousal support under the SSAGs), a contractual issue involving real property, wrongful dismissal and the limitation period for reassessments under the Ontario Income Tax Act. Have a nice weekend.

Below are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Another decision in the Yaiguaje v. Chevron Corporation case was released this week. Topics covered included habeas corpus in the immigration context, construction law (liability for exaggerated claims), varying orders, approving MVA settlements involving parties with disabilities, and family law (enforcing an Islamic marriage contract).

Below are summaries of this week's OCA civil decisions (non-criminal). Topics covered include certification of foreign class members; a wrongful dismissal case in which the court confirmed if a clause in a contract is illegal, the whole clause becomes inoperative and cannot be partially saved by using the severability clause in the contract; standing in the condominium law context and extensions of time to appeal in the municipal law context.

Below are the summaries of this week’s civil decisions of the Court of Appeal. In Reeb v. The Guarantee Company of North America, the Court held that there was a conflict of interest on the part of counsel for the insured because the insurer would have benefited financially if the decision below was affirmed and the appeal was dismissed. In the important decision in Sacks v. Ross, the Court reviewed the test for causation involving multiple tortfeasors in delayed diagnosis medmal cases.

Topics this week included the Municipalities Act, family law, and class actions. The Court also released two companion decisions (El-Khodr v. Lackie and Cobb v. Long Estate) relating to the deductibility of collateral benefits, namely Statutory Accident Benefits, from MVA damage awards. The Court also dealt with the applicable prejudgment interest rate and whether collateral benefits should be deducted when determining whether an offer to settle attracts Rule 49 consequences (yes).

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered include security for costs, Rule 21.01(1)(a), and the dismissal of the class action by surveyors in Ontario, who alleged that Teranet Inc. infringed their copyright by digitizing, storing, and copying plans of survey created by the surveyors and registered or deposited in the provincial registry offices.

This article discusses a recent pair of decisions in a solicitor-negligence action in which the court confirmed that causation must be proved, not assumed - even on summary judgment motions.