Skymark Finance Corporation v. Ontario is the latest example of the application of the rule that an action will be stayed if there is any delay in the disclosure to the non-settling defendants of a settlement that changes the litigation landscape.
Boyer v. Callidus Capital Corporation is a wrongful dismissal claim that turned into an Anti-SLAPP case. The Court found that Callidus had counterclaimed against its former executive who had sued for wrongful dismissal in order to silence him and other employees regarding the allegedly “toxic work environment” at Callidus. The motion judge dismissed the plaintiff’s Anti-SLAPP motion to dismiss the counterclaim, but the Court of Appeal overturned that decision.
Other topics covered included dishonest lawyer coverage under LawPro’s policy, a claim on personal guarantees and the limitation period applicable to the enforcement of riparian rights under the Real Property Limitations Act.
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Table of Contents
Civil Decisions
Browne v. Meunier, 2023 ONCA 223
Keywords: Real Property, Riparian Rights, Statutory Interpretation, Civil Procedure, Limitation Periods, Discoverability, Real Property Limitations Act, S.O. 2002, c. 24, Limitations Act, 2002, S.O. 2002, c. 24, Pioneer Corp. v. Godfrey, 2019 SCC 42, Mihaylov v. Long Beach Residents’ Association, 2018 ONSC 14
Skymark Finance Corporation v. Ontario, 2023 ONCA 234
Keywords: Civil Procedure, Settlements, Disclosure, Change in Litigation Landscape, Stay of Proceeding, Abuse of Process, Handley Estate v. DTE Industries Limited, 2018 ONCA 324, Laudon v. Roberts, 2009 ONCA 383, Aecon Buildings v. Stephenson Engineering Limited, 2010 ONCA 898, Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66, Waxman v. Waxman, 2022 ONCA 311, Poirier v. Logan, 2022 ONCA 350, CHU de Québec– Université Laval v. Tree of Knowledge International Corp., 2022 ONCA 467, Pettey v. Avis Car Inc. (1993), 13 O.R. (3d) 725 (Gen. Div.), Performance Analytics v. McNeely, 2022 ONCA 731, Crestwood Preparatory College Inc v. Smith, 2022 ONCA 743
Castle Building Centres Group Ltd. v. The Rehill Company Limited, 2023Casetle ONCA 237
Keywords: Contracts, Debtor-Creditor, Guarantees, Civil Procedure, Summary Judgment, No Genuine Issue Requiring Trial, Rules of Civil Procedure, r. 20.04(2)(a), Palmer v. The Queen, [1980] 1 S.C.R. 759, Hyrniak v. Mauldin, 2014 SCC 7, Sweda Farms Ltd. v. Egg Farmers of Ontario, 2014 ONCA 878, Housen v. Nikolaisen, 2002 SCC 33, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53
Boyer v. Callidus Capital Corporation, 2023 BoyerONCA 233
Keywords: Employment Law, Wrongful Dismissal, Constructive Dismissal, Torts, Defamation, Civil Procedure, Anti-SLAPP, Amending Pleadings, Striking Pleadings, No Reasonable Cause of Action, Frivolous, Vexatious, Abuse of Process, Summary Judgment, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, Rules of Civil Procedure, r. 21, The Catalyst Capital Group Inc. v. West Face Capital Inc., 2021 ONSC 125, Zoutman v. Graham, 2020 ONCA 767, Labourers’ International Union of North America, Local 183 v. Castellano, 2020 ONCA 71, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Galambos v. Perez, 2009 SCC 48, Platnick v. Bent, 2018 ONCA 687, Park Lawn Corporation v. Kahu Capital Partners, 2023 ONCA 129, Ridel v. Cassin, 2014 ONCA 763, Britton v. Manitoba, 2011 MBCA 77, Farmers Oil and Gas Inc. v. Ontario (Natural Resources), 2016 ONSC 6359, Cahoon v. Franks, [1967] S.C.R. 455
1170650 Ontario Inc. V. McEnery, 2023 ONCA 238
Keywords: Contracts, Insurance, Lawyers’ Errors and Omissions, Coverage, Exclusions, Dishonest Conduct, Rules of Civil Procedure, r. 60.08(16), Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Housen v. Nikolaisen, 2002 SCC 33
Short Civil Decisions
Libfeld v. Libfeld, 2023 ONCA 235
Keywords: Costs Endorsement, Corporations, Oppression
Skyline Real Estate Acquisitions (III) Inc. v. Peterborough Retail Portfolio LP, 2023 ONCA 236
Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Estoppel, Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7
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