Articles 2022

In a labour law case it was decided that the Expenditure Restraint Act, which capped public service employee wages during the recession arising out of the financial crisis of 2008 and did not allow unions to try and make up those losses at a later date, did not infringe the federal unions’ right to freedom of association under s. 2(d) of the Charter. Other topics include administrative law, securities class actions, mortgagees’ rights as against residential tenants and easements of necessity.

In the recent decision of Sanzone v. Schechter, the Ontario Court of Appeal provided insight regarding the evidentiary burden that a defendant must meet in moving to dismiss an action by way of summary judgment, and in particular what expert evidence may be required.

Summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include contracts, summary judgment in the limitation period context, and contempt. John Polyzogopoulos Blaney McMurtry LLP jpolyzogopoulos@blaney.com Tel: 416.593.2953 http://www.blaney.com/lawyers/john-polyzogopoulos

Below are the summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include summary judgment in the context of medmal, fraud and debtor-creditor claims, the ability (or lack thereof) to appeal from arbitral decisions on issues of jurisdiction, and a family law decision involving a claim to unequal division of family property. As always, we welcome your comments and feedback.

Summaries of this week’s civil decisions released by our Court of Appeal. Areas of law covered include Municipal Law, Civil Procedure, Administrative Law, Contracts, Family Law, Crown Liability, Condominium Law, and Real Property Law.

Happy Canada Day to all of you! The Court of Appeal released several decisions this week, most of them yesterday afternoon. The most notable decision of the week was in the Trinity Western case in which the Court upheld the Law Society’s decision denying TWU’s application for accreditation as a law school.

Topics covered this week included family law, municipal law, contractual interpretation, reasonable apprehension of bias, and costs against a lawyer personally. Perhaps the most notable decision is Grant v Equifax Canada regarding credit scores. The Court of Appeal confirmed in that case that you cannot compel a credit bureau to remove reference in your credit score to debts that are more than two years old for which no claim has been brought. Have a nice weekend.