Articles 2022

This week’s Court of Appeal decisions covered a range of subjects including contracts, torts, civil procedure, and wills and estates. The two most notable substantive decisions this week were Spence v BMO Trust Co. - can a bequest be voided on public policy grounds because the disappointed heir alleged that the true motivation for being cut out of the will was racism? – and Neuberger v York, a dispute over a $100 million dollar estate.

Cases this week included commercial leasing decisions involving issues such as insurance and allocation of risk, and the commencement of the limitation period for suing for ongoing breaches of covenants. Other topics included the enforceability of a choice of law and forum clause in a financial adviser case, MVA, copyright, and a debtor-creditor case where the debtor succeeded in a claim for intentional interference with economic relations.

The Court of Appeal released a number of civil decisions this week with topics including the conversion of bills of exchange issued by a fraudulent employee and the fictitious and non-existent payee defences under the Bills of Exchange Act that protect banks, conflicts of interest in the solicitor-client relationship, family law, adverse possession and easements and commercial leases.

On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties.

Today we are posting the Ontario Court of Appeal Summaries for the three weeks of December 21 to 25, 2015, December 28, 2015, to January 1, 2016, and January 4 to 8, 2016. Today, the Court released its decision in the well-known case of Livent Inc. v. Deloitte & Touche. Other topics covered these last three weeks include family law, real estate, bankruptcy and insolvency, class actions, insurance, negligence and forum non conveniens.

Good evening. The Court of Appeal’s civil decisions this week covered a number of areas including insurance, securities (secondary market misrepresentations), dismissal for delay, family, debtor-creditor, limitation periods, summary judgment and franchising in the class action context. There were also numerous short civil and criminal law endorsements. Please enjoy the weekend.

The Court of Appeal released a number of civil decisions this week in areas including family law, med mal, real estate, offers to settle and other procedural issues. One interesting real estate decision was one in which the court concluded that the combined effect of s. 113(5)(a)(iv) of the Registry Act with the nemo dat principle protected the respondents’ right of way through a laneway to their homes.