Articles 2020

In Deslaurier Custom Cabinets Inc. and Sankar v. Bell Mobility Inc., while the leave applications were pending, the SCC released its decision in Ledcor Construction Ltd, which clarified that the standard of review is correctness, not palpable and overriding error, for standard form contracts and extricable questions of law.

There were several substantive civil decisions released this week. Topics covered included family law (spousal and child support), employment law, religious organizations, administrative law (OSC), standing to oppose a settlement entered into by a party under a disability , limitation periods, and contempt for breach of Mareva orders.

Boaden Catering Limited v. Real Food For Real Kids Inc. was a contest over website domain names. The decision of United States v Equinix Inc. dealt with the Mutual Legal Assistance in Criminal Matters Act, which allows countries that have a mutual legal assistance treaty with Canada to seek the help of the Minister of Justice in locating and obtaining relevant evidence believed to be in Canada.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In York (Regional Municipality) v. Tsui, the Court concluded that municipal by-laws that circumscribe the hours of operation of body rub parlours are not criminal laws and therefore not ultra vires. In Scaduto v Cucu, the Court considered whether to grant amicus curiae status to a party that had been adverse in interest in previous proceedings.

There were only three short procedural decisions we summarized this week.

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered this week included: the effect of pending retirement on a high income earner with spousal support obligations (Schulstad); a dispute between two law firms regarding an agency agreement that resulted in a charging order (Fancy Barristers); and the sufficiency of a pleading in a defamation case (Catalyst Capital).

Happy New Year! Here are summaries of this week’s civil decisions of the Court of Appeal. Most of them were procedural in nature (dismissal for delay, appellate jurisdiction, limitation periods, setting aside orders, summary judgment).

Below are the summaries for last week’s civil decisions of the Court of Appeal. Topics covered included defamation, municipal liability, MVA, breach of contract, family law, wills and estates, tax, crown wardship and several procedural decisions covering jurisdiction/forum non conveniens, civil contempt, extensions of time to perfect appeals and striking pleadings.