In Chen v. Brookfield Residential (Ontario) Limited, the appellant purported to deliver a Notice of Rescission to the respondent under the Condominium Act, 1998, in an attempt to rescind its agreement for purchase of a condominium on the ground that certain amenities were not completed at closing, and that this constituted a “material change” within the meaning of s. 74 of Act. The Court held that the Act precluded amenities from the purchaser’s right to rescind and thus, this change did not constitute a material change. In making this finding, the Court further noted that the Notice of Rescission was delivered in bad faith, since it was clear that the intention of the appellant was to evade the purchase agreement rather than addressing a material change.
In Taylor v. Canada (Attorney General), the appellant representative plaintiff in a class action against the respondent Government of Canada agency, Health and Welfare Canada (“HWC”), appealed the trial judge’s decision dismissing its action. The appellant had alleged that the government had failed to properly regulate and control the entry of medical implant devices that were made by materials that posed dangers to the public. The trial judge had found that the evidence was that HWC had never issued Notice of Compliances for the devices at issue and ultimately found that there was no duty of care owed by the government to the class and that even if there had been a prima facie duty of care, it would have been negated by residual policy considerations. The Court found that the trial judge had carefully considered the evidence and the conclusions drawn were supported by the record. The Court saw no palpable and overriding error in the trial judge’s decision.
Other topics covered included a discussion of when costs are payable out of an estate in an unsuccessful challenge to a will, and partial summary judgment in the construction context.
Table of Contents
Civil Decisions
Chen v. Brookfield Residential (Ontario) Limited , 2022 ONCA 887
Keywords: Contracts, Anticipatory Breach, Real Property, Agreements of Purchase and Sale of Land, Condominiums, Remedies, Rescission, Condominium Act, 1998, S.O. 1998, c. 19, ss. 72, 74, Harvey v. Talon International Inc., 2017 ONCA 267, Lin v. Brookfield Homes (Ontario Limited), 2019 ONCA 706, Jung v. Talon International, 2019 ONCA 644, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27
Di Nunzio v. Di Nunzio , 2022 ONCA 889
Keywords: Family Law, Wills and Estates, Wills, Validity, Suspicious Circumstances, Testamentary Capacity, Civil Procedure, Costs, Payment out of Estate, Public Policy Considerations, Vout v. Hay, [1995] 2 S.C.R. 876, McDougald Estate v. Gooderham (2005), 255 D.L.R. (4th) 435 (Ont. C.A.)
Taylor v. Canada (Attorney General), 2022 ONCA 892
Keywords:Torts, Negligence, Product Liability, Liability of Public Authorities, Civil Procedure, Class Proceedings, Certification, Appeals, Jurisdiction, Costs, Public Interest, Class Proceedings Fund, Food and Drugs Act, R.S.C., 1985, c. F-27, Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 31, Rules of Civil Procedure, rr. 57.01, 61.03.1(18), Medical Devices Regulations, S.O.R./98-282, Taylor v. Canada (Attorney General), 2012 ONCA 479, Drady v. Canada (Health), 2008 ONCA 659, Attis v. Canada (Health), 2008 ONCA 660, Bryars Estate v. Toronto General Hospital (1998) 38 O.R. (3d) 460
Learmont Roofing Ltd. v. Learmont Construction Ltd., 2022 ONCA 894
Keywords: Contracts, Construction, Trust Claims, Civil Procedure, Partial Summary Judgment, Construction Act, R.S.O. 1990, c. C.30, Butera v. Chown, Cairns LLP, 2017 ONCA 783, Cook v. Joyce, 2017 ONCA 49, Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, Hryniak v. Mauldin, 2014 SCC 7
Short Civil Decisions
Rampal v. Aujla Derry Investments Inc., 2022 ONCA 884
Keywords: Contracts, Real Property, Agreement of Purchase and Sale of Land, Beneficial Ownership, Mutual Releases, Reasonable Notice, Repudiation
Acquaviva v. Holmes, 2022 ONCA 891
Keywords: Contracts, Real Property, Mortgages, Enforcement, Civil Procedure, Summary Judgment, No Genuine Issue Requiring Trial, Bossé v Mastercraft Group Inc., 123 D.L.R. (4th) 161 (Ont. C.A.)
Savanta v. Hilditch, 2022 ONCA 890
Keywords: Contracts, Interpretation, Ambiguity, Share Purchase Agreements, Forum Selection Clauses, Civil Procedure, Jurisdiction, Sleep Number Corporation v. Maher Sign Products Inc., 2020 ONCA 95, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53
Maple Leaf Foods Inc. v. Ryanview Farms, 2022 ONCA 898
Keywords: Cost Endorsement
Chiappino & Associates Limited v. 6891799 Canada Inc., 2022 ONCA 893
Keywords: Contracts, Real Property, Leases, Civil Procedure, Appeals, Adjournments
North Elgin Centre Inc. v. McDonald’s Restaurants of Canada Limited, 2022 ONCA 896
Keywords: Civil Procedure, Offers to Settle, Costs, Rules of Civil Procedure, rr. 49, 57.01, Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.)
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