Articles 2020

Today
Today

Ontario Court of Appeal Summaries (Sept. 18-22, 2017)

  • October 06, 2017
  • John Polyzogopoulos

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).

Civil Litigation

Ontario Court of Appeal Summaries (Sept 25-29, 2017)

  • October 06, 2017
  • John Polyzogopoulos

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.

Civil Litigation

Imperfect Information on Summary Judgment

  • September 15, 2017
  • Rebecca Jones

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.

Civil Litigation
Ontario Court of Appeal Summaries (July 24 – 28, 2017)

Ontario Court of Appeal Summaries (July 24 – 28, 2017)

  • July 31, 2017
  • John Polozogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were few decisions and nothing particularly noteworthy. Topics covered include the interpretation of the scope of a personal guarantee of corporate debt, agreements of purchase and sale of land, SABs, adjournments and frivolous and vexatious claims.

Civil Litigation
Ontario Court of Appeal Summaries (July 10 - July 14, 2017)

Ontario Court of Appeal Summaries (July 10 - July 14, 2017)

  • July 20, 2017
  • John Polyzogopoulos

Following are the summaries of civil decisions released this week by the Court of Appeal. Topics covered this week included the jurisdiction of Deputy Judges in Small Claims Court, Crown wardship, a family shareholder/real property dispute, pension benefits, wrongful dismissal and contractual interpretation.

Civil Litigation

Ontario Court of Appeal Summaries (July 4-7, 2017)

  • July 10, 2017
  • John Polyzogopoulos

Topics covered this week included Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP and its companion decision, punitive damages, libel and slander, assessment of lawyers’ accounts, breach of contract, breach of trust, real property, commercial leases, crown wardship, employment law, non-share capital corporations, labour law, and SABs.

Civil Litigation
Blaneys Ontario Court of Appeal Summaries (June 12 – 16, 2017)

Blaneys Ontario Court of Appeal Summaries (June 12 – 16, 2017)

  • June 21, 2017
  • John Polyzogopoulos

In Hodge v. Neinstein, the Court upheld the Divisional Court’s certification of a class proceeding against Neinstein & Associates LLP, in which the plaintiffs claim that the firm’s accounts contravened the >Solicitors Act. In Bruff-Murphy v. Gunawardena, the Court of Appeal reviewed the law relating to the admissibility of expert opinion evidence and ordered a new trial after determining that certain expert evidence should not have been admitted.

Civil Litigation
Blaneys Court of Appeal Summaries (June 5 – 9, 2017)

Blaneys Court of Appeal Summaries (June 5 – 9, 2017)

  • June 12, 2017
  • John Polyzogopoulos

There were a couple of noteworthy cases which may interest those interested in estate and franchise law. Topics covered include constructive dismissal, negligent investigation by the LSUC and the application of the Law Society Act, and motions for extensions of time used in a frivolous and vexatious fashion.

Civil Litigation