Articles 2021

Bill 52, the Protection of Public Participation Act, 2014 (the Bill), was re-introduced by Attorney General of Ontario Madeleine Meilleur on December 1, 2014. The Bill is a reincarnation of Bill 83, which was first introduced in 2013 and received its second reading in September of that year before dying on the order paper.

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). This week’s topics include, a municipality’s statutory duty of care; procedural fairness and the complaint process under the Police Services Act (arising from a G20 Summit arrest); pleadings in negligent medical care cases; and the interpretation and application of PIPEDA in a case involving enforcement of a judgment and a debtor’s mortgage information.

Below are summaries of this week’s Ontario Court of Appeal civil decisions.

Our Court of Appeal released thirteen civil decisions this week. Topics covered included construction liens, summary judgment in several different contexts, including an interesting decision in a wills and estates matter involving allegations of undue influence, family law, employment law, MVA, Rule 21 in the context of a malicious prosecution and Charter damages claim, and a labour law decision involving alleged reasonable apprehension of bias of an OLRB panel member.

This article deals with cost consequences in relation to Plaintiffs’ counsel maintaining an overly aggressive strategy.

The Court of Appeal maintains “special and strict” requirements under Proceedings Against the Crown Act.

Below are this week’s non-criminal Ontario Court of Appeal decisions.

This week’s OCA Summaries include an interesting decision for our corporate/commercial followers on when a guarantor has a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no default by the borrower nor demand for payment by the bank. The Court also dismissed the appeal from the Superior Court’s refusal to certify as a class action an overtime pay claim against CIBC.

Some topics for this week include: dismissal of a class action against the former Nortel, summary judgement motions relating to the Insurance Act and the Statutory Accident Benefits Schedule, court approval of fees charged by a receiver in a Bankruptcy proceeding, warranty agreement dispute by purchasers of new condominiums, a variation of a costs award for contempt of court, and actionable encroachment over a right-of-way.

Following are this week’s Ontario Court of Appeal Summaries. Topics covered this week include contract law in the real estate and employment law contexts, oppression remedies and related tax consequences, estates, civil contempt and a reminder of the monetary jurisdiction of the Court of Appeal.