Articles 2023

A recent Ontario decision distinguished the reasonableness standard of review recently set by the SCC in Sattva and applied a correctness standard of review to an arbitration involving parties subject to an inherent power imbalance.

Topics include the recovery by an insurer of overpayments of Long-Term Disability benefits, constructive dismissal, occupiers’ liability and bank fraud. There is also an interesting summary judgment decision on the rescission of a Franchise Agreement in accordance with the Arthur Wishart Act (Franchise Disclosure), 2000.

The Court of Appeal's recent decision in Mallory v. Werkmann Estate serves as a reminder to all counsel: never lose sight of who you act for.

In its recent decision in Gutowski v. Clayton, the Court of Appeal rejected a liberal approach to Rule 21.01(1)(a) that would allow novel issues of law to be determined on such a motion.

Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone.

When can a witness who has not been retained by a party to the litigation give opinion testimony at trial?

Summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). (March 23-27, 2015)

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics include motions to strike, family law, undisclosed material changes in condominium construction plans, and judicial review of a Toronto Chief of Police Order.

The recent decision of the Ontario Securities Commission in Re Azeff provides welcome clarification of the scope of the prohibition on tippee liability in Canada, and stands in contrast to a recent decision of the United States Second Circuit Court of Appeals.