Articles 2020

In Bernstein v. Poon, 2015 ONSC 2125, Justice Mew had an opportunity to deal with some of the most frustrating aspects of a case that "isn't about the money". The decision was a costs endorsement concerning two rival weight loss gurus engaged in a defamation action.

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include certification of a copyright class action brought by land surveyors against Teranet Inc for providing access to their plans, reasonable notice of termination of employment, stay of proceedings in both the creditor-debtor and immigration law context, and franchise law.

A recent decision by the Court of Appeal for Ontario sharply curtails the potential for parties to be caught off guard at trial through the use of surreptitiously recorded video surveillance.

A recent Ontario decision distinguished the reasonableness standard of review recently set by the SCC in Sattva and applied a correctness standard of review to an arbitration involving parties subject to an inherent power imbalance.

Topics include the recovery by an insurer of overpayments of Long-Term Disability benefits, constructive dismissal, occupiers’ liability and bank fraud. There is also an interesting summary judgment decision on the rescission of a Franchise Agreement in accordance with the Arthur Wishart Act (Franchise Disclosure), 2000.

The Court of Appeal's recent decision in Mallory v. Werkmann Estate serves as a reminder to all counsel: never lose sight of who you act for.

In its recent decision in Gutowski v. Clayton, the Court of Appeal rejected a liberal approach to Rule 21.01(1)(a) that would allow novel issues of law to be determined on such a motion.

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

When can a witness who has not been retained by a party to the litigation give opinion testimony at trial?