Articles 2020

Today
Today

Court of Appeal Summaries (March 30 – April 3, 2020)

  • April 06, 2020
  • John Polyzogopoulos

Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. In Carleton Condominium Corporation No. 476 v. Wong, the Court issued its first decision regarding COVID-19. The appellant requested an adjournment of an appeal because in-person hearings are suspended. Paciocco J. denied the request, holding that the inevitable backlog of appeals should not be aggravated by adjourning matters that can be fairly adjudicated in writing.

Civil Litigation, Student Forum

Court of Appeal Summaries (February 24 – 28, 2020)

  • March 04, 2020
  • John Poloyzogopoulos

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

Civil Litigation, Student Forum

Blaney's Appeals: Court of Appeal Summaries (February 10 – 14, 2020)

  • February 25, 2020
  • John Polyzogopoulos

Following are this week’s summaries of the civil decisions. Ingarra v. 3010999 Ontario Limited (Previn Court Homes) is a reminder to residential real estate lawyers that their clients purchasing new homes have added rights under the Tarion legislation regarding extensions of the closing date. In Zhao v. Li, the Court of Appeal distinguished between singular and ongoing acts of oppression. Other topics included a large fraud against a foreign pension fund.

Civil Litigation, Student Forum

Ontario Recognizes New Privacy Tort

  • February 18, 2020
  • Shalom Cumbo-Steinmetz, Lara Guest, Ronak Shah and Molly Reynolds, Torys LLP,

In a landmark decision, Yenovkian v. Gulian, released December 19, 2019, the Ontario Superior Court of Justice recognized the privacy tort of “publicity placing a person in a false light” for the first time in Canada.

Civil Litigation, Student Forum