Articles 2022

This article deals with cost consequences in relation to Plaintiffs’ counsel maintaining an overly aggressive strategy.

The Court of Appeal maintains “special and strict” requirements under Proceedings Against the Crown Act.

Below are this week’s non-criminal Ontario Court of Appeal decisions.

This week’s OCA Summaries include an interesting decision for our corporate/commercial followers on when a guarantor has a right to seek contribution from his or her co-surety when the first guarantor made payment even though there was no default by the borrower nor demand for payment by the bank. The Court also dismissed the appeal from the Superior Court’s refusal to certify as a class action an overtime pay claim against CIBC.

Some topics for this week include: dismissal of a class action against the former Nortel, summary judgement motions relating to the Insurance Act and the Statutory Accident Benefits Schedule, court approval of fees charged by a receiver in a Bankruptcy proceeding, warranty agreement dispute by purchasers of new condominiums, a variation of a costs award for contempt of court, and actionable encroachment over a right-of-way.

Following are this week’s Ontario Court of Appeal Summaries. Topics covered this week include contract law in the real estate and employment law contexts, oppression remedies and related tax consequences, estates, civil contempt and a reminder of the monetary jurisdiction of the Court of Appeal.

Below are this week’s summaries. Topics include summary judgment in the limitation period context, property disputes involving religious organizations, family law, appellate jurisdiction for appeals from small damages awards, concurrent liability in tort and contract in the context of an agreement of purchase and sale of land and municipal freedom of information requests.

Some of this week’s topics include Summary Judgment (genuine issue of credibility in MVA context, limitation periods and Crown Liability), Contract law (subject-matter jurisdiction in a tendering case and interpretation of use clause in a lease), Enforcement of Settlements (where allegations of lack of capacity) and Crown liability and the importance of complying with the strict notice requirements of the Proceedings Against the Crown Act.

The Hazelton Lanes decision is a black mark on the administration of justice. It is an unfortunate and stark reminder to trial counsel of the importance of proper and timely documentary disclosure and cooperation and communication between counsel to focus on what is relevant to ensure that cases are tried fairly and efficiently. This 3 day trial went for 50 days without being decided on the merits. The end result is that the parties will now have to do it all over again.

On November 13, 2014, the Supreme Court of Canada released yet another decision dealing with its apparent re-consideration of the law of contract in Canada. Bhasin v. Hrynew addresses the question: “What standard of conduct applies when a party is performing a contract?”