Articles 2022

Aujourdʼhui
Aujourdʼhui

Blaneys Court of Appeal Summaries (Oct. 26-30, 2015)

  • 17 novembre 2015
  • John Polyzogopoulos

The Court released a number of civil decisions this week. Topics include a class action lawsuit involving alleged bribery, non-disclosure and corruption allegations, whether an accepted offer to settle included the payment of costs, a Rule 21 motion, MVA/SABs, dismissal for delay, a messy and lengthy custody and access case, and the enforceability of a settlement agreement arrived at between separated spouses, where one spouse was incompetent and acting through a litigation guardian.

Litige civil
Blaneys Court of Appeal Summaries (Nov. 2-6, 2015)

Blaneys Court of Appeal Summaries (Nov. 2-6, 2015)

  • 17 novembre 2015
  • John Polyzogopoulos

Summaries of this week's OCA decisions (non-criminal). There was one substantial civil law decision from the Court of Appeal this week, along with a number of shorter endorsements. The more substantive decision was an insurance case where a home insurer tried to bring a subrogated claim against its own insured in order to access the insured’s auto policy. The court confirmed that an insurer cannot sue its insured for the very loss covered.

Litige civil
Blaneys Court of Appeal Summaries (Nov. 9-13, 2015)

Blaneys Court of Appeal Summaries (Nov. 9-13, 2015)

  • 17 novembre 2015
  • John Polyzogopoulos

The Court of Appeal released a number of civil decisions this week. Topics include whether an assessment officer has the jurisdiction to rule on the enforceability of a contingency fee agreement between a lawyer and client, personal injury, summary judgment, the waiver of conditions of closing on a real estate transaction, wrongful dismissal and claims between insurers in the statutory accident benefits context.

Litige civil

Blaneys Court of Appeal Summaries (Oct. 5 - Oct. 9, 2015)

  • 22 octobre 2015
  • John Polyzogopoulos

The Ontario Court of Appeal only released two substantive civil decisions this week, along with many more endorsements and criminal law decisions. The civil cases involved an issue of an alleged conflict of interest of a Vaughan city councillor (no conflict was found), and the re-opening of a trial in light of fresh evidence uncovered by the CBC’s show, Marketplace.

Litige civil

Blaneys Court of Appeal Summaries (Oct. 12 - Oct. 16, 2015)

  • 22 octobre 2015
  • John Polyzogopoulos

There were two substantive civil law decisions from the Court of Appeal this week. One is but another chapter in the Nortel CCAA proceedings and whether certain bondholders are entitled to claim post-CCAA filing interest. The other is about a construction company that sued the City of Ottawa for declaratory relief for alleged breaches of the Occupational Health and Safety Act when asbestos was found at a job site.

Litige civil
SCC Espouses “Generous and Liberal Approach” to Recognition & Enforcement of Foreign Judgments

SCC Espouses “Generous and Liberal Approach” to Recognition & Enforcement of Foreign Judgments

  • 19 octobre 2015
  • Chris Kinnear Hunter

In Chevron Corp. v. Yaiguage, 2015 SCC 42, the Supreme Court of Canada held that the only prerequisite to the recognition and enforcement of a foreign judgment is that the foreign court had a real and substantial connection with the litigants or the subject matter of the dispute, or that the traditional bases of jurisdiction were satisfied. There is no separate requirement to demonstrate a real and substantial connection between the dispute or the defendant and the enforcing forum.

Litige civil
Blaneys Court of Appeal Summaries (Sept. 28-Oct, 2, 2015)

Blaneys Court of Appeal Summaries (Sept. 28-Oct, 2, 2015)

  • 07 octobre 2015
  • John Polyzogopoulos

The one substantive civil decision this week involved an appeal of a motion judge’s order that a garnished bank account enjoyed diplomatic immunity and was thus not subject to garnishment. The court only dealt with the preliminary question of whether hearing the appeal was premature, having regard to Libya’s pending rule 38.11 motion in Superior Court to set the underlying order aside. The appeal was adjourned sine die and the stay of enforcement was continued pending the outcome of the motion.

Litige civil