Articles 2021

Among the summaries for this past week’s civil decisions of the Court of Appeal for Ontario is Dermann v. Baker, 2019 ONCA 584, in which the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure, the standard of review for a trial judge’s charge to the jury in a civil trial, and costs assessments in the context of payments made in advance, and offers to settle.

Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario.

This week’s key decision was Reference re Greenhouse Gas Pollution Pricing Act. The Act was found to be constitutional. The Court determined the main thrust of the Act was to establish minimal national standards to reduce greenhouse gas emissions. The Act falls within Parliament’s power to legislate on matters of national concern for the peace, order, and good government of Canada, and the charges it imposes are not unconstitutional.

Here are this weeks summaries of the civil decisions of the Court of Appeal for Ontario.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

Topics covered this week included sale of goods, wrongful dismissal, family law (access by the birth mother to an adopted child) and municipal law (interpretation of a zoning bylaw relating to lot coverage).

Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario.

In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Donovan v. Sherman Estate, the Court briefly reviewed the test for granting a sealing order. The Court observed that although the desire for privacy in this case was understandable, by itself, the desire for privacy without a public interest component is insufficient to justify the granting of a sealing order.