Articles 2023

There were a couple of noteworthy cases which may interest those interested in estate and franchise law. Topics covered include constructive dismissal, negligent investigation by the LSUC and the application of the Law Society Act, and motions for extensions of time used in a frivolous and vexatious fashion.

In Biancaniello v. DMCT LLP, the Court of Appeal reversed the Divisional Court , and held that a full and final release is just that, a full and final release. In Black v. Owen, the Court reaffirmed its decision in Amberwood Investments Ltd. v. Durham Condominium Corp. No. 123, which held that the common law rule that positive covenants do not run with freehold land is settled law in Ontario.

In Pennyfeather v. Timminco, the Court upheld the dismissal of a secondary securities market misrepresentation class action. In Royal SunAlliance v Intact Insurance, a contest between insurers as to responsibility for indemnifying victims of an accident, at issue was whether an endorsement of an automobile insurance policy that excludes coverage for a named driver is valid even though its form is not pre-approved by the Superintendent of Financial Services.

Topics this week included interesting issues in family law and wills and estates, wrongful dismissal, wills and estates, breach of contract, contractual interpretation, occupier’s liability, mortgages and state mutual assistance in criminal matters.

In Deslaurier Custom Cabinets Inc. and Sankar v. Bell Mobility Inc., while the leave applications were pending, the SCC released its decision in Ledcor Construction Ltd, which clarified that the standard of review is correctness, not palpable and overriding error, for standard form contracts and extricable questions of law.

There were several substantive civil decisions released this week. Topics covered included family law (spousal and child support), employment law, religious organizations, administrative law (OSC), standing to oppose a settlement entered into by a party under a disability , limitation periods, and contempt for breach of Mareva orders.

Boaden Catering Limited v. Real Food For Real Kids Inc. was a contest over website domain names. The decision of United States v Equinix Inc. dealt with the Mutual Legal Assistance in Criminal Matters Act, which allows countries that have a mutual legal assistance treaty with Canada to seek the help of the Minister of Justice in locating and obtaining relevant evidence believed to be in Canada.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In York (Regional Municipality) v. Tsui, the Court concluded that municipal by-laws that circumscribe the hours of operation of body rub parlours are not criminal laws and therefore not ultra vires. In Scaduto v Cucu, the Court considered whether to grant amicus curiae status to a party that had been adverse in interest in previous proceedings.