Articles 2022

Topics covered this week include a claim of solicitor negligence; a claim that a judgment was for misappropriation while acting in a fiduciary capacity, and therefore survived bankruptcy; a relief from forfeiture case; a priority dispute between insurers in the MVA context; an administrative law decision in the union grievance context; and several decisions of a more procedural nature.

Below are this week’s Court of Appeal summaries. Topics covered this week included family law, slip and falls, commercial tenancies, civil procedure in the bankruptcy context and breach of contract. John Polyzogopoulos jpolyzogopoulos@blaney.com

Below are this week’s Court of Appeal summaries. Topics included Medmal, breach of contract, and several procedural decisions.

This article discusses the recent Supreme Court of Canada decision in R v Canadian Broadcasting Corporation, 2018 SCC 5, which addresses freedom of the press and expression over the importance of protecting the privacy rights of victims of crime.

Decisions this week were on a variety of issues. Raibex Canada Ltd. v. ASWR Franchising Corp. is an especially noteworthy decision for franchisors.

This article discusses the standard of appellate review applicable to contractual interpretation cases as considered by the Ontario Court of Appeal in Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293.

This article discusses recent Court of Appeal authority in respect of how responsibility for an accident should be apportioned between different parties involved in the accident.

Employment Law decision of Nemeth v. Hatch Ltd., 2018 ONCA 7. In Trade Finance Solutions Inc. v. Equinox Global Limited, 2018 ONCA 12, the court enforced an arbitration clause in an insurance policy and stayed an action brought in Ontario in favour of arbitration in London, England.

Are you a junior lawyer that has not yet set an action down for trial? Have you heard about the inefficiencies of setting a trial date in scheduling court? Certain regional practice directions include particular processes for getting your trial date and judges are reminding litigators to take a look.

In Stokker, the Court reaffirmed the proper legal test in Nissar for restoring an action that has been administratively dismissed for delay. In Vancise, the motion judge dismissed the action on the basis that it was barred by s. 9 of the Crown Liability and Proceedings Act, which bars actions against the federal government when it has already provided compensation under a government program. The Court of Appeal upheld the motion judge’s decision.