Articles 2020

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?

Summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). (March 23-27, 2015)

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include motions to strike, family law, undisclosed material changes in condominium construction plans, and judicial review of a Toronto Chief of Police Order.

The recent decision of the Ontario Securities Commission in Re Azeff provides welcome clarification of the scope of the prohibition on tippee liability in Canada, and stands in contrast to a recent decision of the United States Second Circuit Court of Appeals.

A recent Superior Court decision has considered the oppression remedy under section 248 of the Ontario Business Corporations Act, and personal liability of directors of closely held companies.

There were quite a few summary judgment cases dealt with by the Court of Appeal this week, several dealing with limitation periods. There was also an interesting franchise law decision discussing the contract law doctrine of severance of void or unenforceable terms from the rest of the contract and a decision on whether a judge of the Ontario Superior Court of Justice could participate in a joint hearing with other supervisory judges either inside or outside of Ontario.