Articles 2022

Good afternoon, As expected, it was a quiet week at the Court of Appeal. Topics covered included setting aside default judgement, and the oppression remedy and clean hands doctrine. Happy New Year! John Polyzogopoulos

This was a busy week for the Court of Appeal. Topics covered included family law, wrongful dismissal, wills and estates, insurance coverage, tort liability of employees, workplace safety, police liability, limitation periods, conditional discharges from bankruptcy and costs against non-parties.

Below are this week’s summaries of the civil decisions of the Court of Appeal. Topics covered this week included testamentary capacity, negligent misrepresentation, WSIB collateral benefits in MVA context, a boundary dispute and exemption from seizure of property under the Indian Act in a repair and storage lien context.

Good afternoon/evening. The notable decisions this week include Winmill v. Woodstock (Police Services Board), a decision on discoverability, and Chinese Publications for Canadian Libraries Ltd. v. Markham (City), a decision on security for costs. Other topics included damages for the breach of an APS, child abduction, a boundary dispute, a jury verdict in the MVA context, employment law and motions to extend the time to appeal. John Polyzogopoulos

Below are this week’s summaries of the civil decisions of the Court of Appeal. Topics this week included personal injury, family law, employment law, property law, mortgages, bankruptcy and insolvency and extensions of time to appeal.

Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd. In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.

Below are this week’s summaries of the civil decisions of the Ontario Court of Appeal. Topics this week include family law (imputing income and calculating spousal support under the SSAGs), a contractual issue involving real property, wrongful dismissal and the limitation period for reassessments under the Ontario Income Tax Act. Have a nice weekend.

Below are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Another decision in the Yaiguaje v. Chevron Corporation case was released this week. Topics covered included habeas corpus in the immigration context, construction law (liability for exaggerated claims), varying orders, approving MVA settlements involving parties with disabilities, and family law (enforcing an Islamic marriage contract).

Below are summaries of this week's OCA civil decisions (non-criminal). Topics covered include certification of foreign class members; a wrongful dismissal case in which the court confirmed if a clause in a contract is illegal, the whole clause becomes inoperative and cannot be partially saved by using the severability clause in the contract; standing in the condominium law context and extensions of time to appeal in the municipal law context.

Below are the summaries of this week’s civil decisions of the Court of Appeal. In Reeb v. The Guarantee Company of North America, the Court held that there was a conflict of interest on the part of counsel for the insured because the insurer would have benefited financially if the decision below was affirmed and the appeal was dismissed. In the important decision in Sacks v. Ross, the Court reviewed the test for causation involving multiple tortfeasors in delayed diagnosis medmal cases.