Articles 2021

In Merino v ING Insurance Company of Canada, 2019 ONCA 326, the Court concluded that automobile insurers in Ontario do not have the option of unilaterally rescinding a contract of insurance ab initio under the common law as a result of an insured’s misrepresentation... 

Matters covered this week included the dismissal of a proposed class action against the LCBO regarding the sale of beer in Ontario, the viability of claims by police officers against Crown attorneys for negligence and misfeasance in public office, summary judgment motions in child protection proceedings under the Child, Youth and Family Services Act, motions to change spousal support orders, and a residential tenancy dispute involving a missing cat.

Summaries of this week's Court of Appeal cases.

In College of Optometrists of Ontario v. Essilor Group Inc, the Court addressed the scope of provincial legislative authority in respect of regulating out-of-province eyewear retailers. Other topics covered this week included summary judgment in a breach of contract case, assessments of solicitors’ accounts, and willful blindness in the context of a fraud claim.

There were only four substantive civil decisions released. In two of them, the Court continued to provide guidance on the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.Other topics covered this week include contractual interpretation and costs.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics included self-represented litigants costs, punitive damages, standard of care of a medical professional, extension of time to bring or perfect an appeal and appellate jurisdiction.

There were six substantive civil decisions released by the Court of Appeal for Ontario this week.

There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

Topics covered this week included the application of s.137.1 of the Court of Justice Act, the interaction between pre-incorporation contract provisions of the Ontario Business Corporations Act and the common law rules governing deposits in real estate transactions, the enforceability of restrictive covenants where the underlying contract has been frustrated, and secured creditors’ rights of entry to repossess equipment.

This week, the Court of Appeal once again addressed the new anti-SLAPP legislation in United Soils Management Ltd. v. Mohammed and clarified that the anti-SLAPP legislation does not provide for the award of punitive damages against a plaintiff when an action is dismissed under section 137.1. Other topics covered included the duty of care in a tragic personal injury context, damages for wrongful dismissal and legal non-conforming uses under the Planning Act.