Articles 2023

Topics covered this week include applications for release from immigration detention pursuant to the Habeas Corpus Act and related infringement of Charter rights, as well as collateral attacks relating to leave applications for appealing a costs award.

This week’s summaries include two property boundary disputes between neighbours, a child custody decision, several criminal decisions, and a couple of Ontario Review Board decisions.

Topics covered in our summaries of this week’s civil decisions of the Ontario Court of Appeal include crown wardship, constructive dismissal, partial summary judgment, unjust enrichment as a result of an overpayment by an insurer, a construction lien action, and a claim for negligent investigation and related torts against the police and Fire Marshall in a case of arson by negligence.

Topics covered in this week's summaries include the validity of a will of someone with chronic alcoholism and an application for habeas corpus in the immigration law context.

Topics covered this week included the breach of an agreement of purchase and sale of land, whether a termination clause in an employment contract violated the Employment Standards Act, and the appeal route when seeking to review an order of a single judge of the Divisional Court (to a panel of that court, not to the Court of Appeal).

Topics covered this week include automobile insurance coverage in the leasing context, family law, limitation periods in the breach of contract context, the need for expert evidence on the standard of care on a summary judgment motion in the professional negligence context, administrative law in the software development tax credit context, and vexatious litigants.

Following are summaries of this week’s civil decisions of the Ontario Court of Appeal.

Following are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario, including Yaiguaje v Chevron Corporation, in which it appears that the Court has finally put an end to the matter; and Beatty v Wei, in which the Court set aside the application judge’s interpretation of the Illegal Substances Clause commonly used as an additional term in the Ontario Real Estate Association/Toronto Real Estate Board standard form Agreement of Purchase and Sale.

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.