Articles 2023

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include intellectual property, police liability, wrongful dismissal, occupier’s liability, and the oppression remedy under the Condominium Act. In Bienstock v Adenyo, the Court of Appeal applied the Supreme Court’s 2006 decision in Pro Swing Inc v. Elta Golf Inc, which confirmed that non-monetary foreign judgments can be enforced in Canada.

In White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, the Supreme Court of Canada has provided much-needed guidance as to the relationship between the requirement of impartiality and the question whether the court should receive the expert’s evidence at all.

Zheng v Your New Car Calgary Inc, 2015 ABQB 121 is a helpful reminder that those who contract with a corporation must recognize the legal separation between corporation and shareholder and take steps to protect their interests before things go wrong.

Blaneys Ontario Court of Appeal Summaries (April 20 - 24, 2015)

Hello everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include family law, construction liens, constructive dismissal, insurance law in relation to the calculation of the amount of a subrogated claim by OHIP in a personal injury action and in the reduction of benefits under an LTD policy upon receipt of CPP payments, and a motion to strike for no cause of action and the right to amend pleadings in that context.

Should independence and impartiality be considered at the threshold admissibility stage, or only in the weight given to the evidence?

In Bernstein v. Poon, 2015 ONSC 2125, Justice Mew had an opportunity to deal with some of the most frustrating aspects of a case that "isn't about the money". The decision was a costs endorsement concerning two rival weight loss gurus engaged in a defamation action.

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include certification of a copyright class action brought by land surveyors against Teranet Inc for providing access to their plans, reasonable notice of termination of employment, stay of proceedings in both the creditor-debtor and immigration law context, and franchise law.

A recent decision by the Court of Appeal for Ontario sharply curtails the potential for parties to be caught off guard at trial through the use of surreptitiously recorded video surveillance.