In Liquor Control Board of Ontario v. Ontario (Information and Privacy Commissioner), the LBCO denied the Toronto Star’s request under the Freedom of Information and Privacy Act to disclose statistics as to the amount of theft had occurring in its stores. It objected to disclosure on the basis that it would endanger its economic interests and the safety of its employees and customers. The Information and Privacy Commissioner ordered disclosure. The LCBO’s appeal to the Divisional Court was successful, in a 2-1 split. However, the Court of Appeal allowed the appeal, restoring the IPC adjudicator’s decision ordering the LCBO to disclose the information.
Marketology Media Inc. v. DGA North American Inc. was a claim to enforce a judgment (enforcing an arbitration decision) by seeking to set aside certain fraudulent preferences, including by way of the oppression remedy. While the trial judge made no finding of a fraudulent conveyance, she granted the oppression remedy on grounds not pleaded or argued by the parties. The Court found that the trial judge erred in doing so. In addition, her reasons for decision were found to be insufficient. The Court set aside her order and remitting the matter back to the Superior Court for a new trial.
In Lochan v. Binance Holdings Limited, a class action case, the Court agreed with the motion judge that respondent’s arbitration clause was both unconscionable and against public policy, as it imposed prohibitive costs and inaccessible forums, effectively insulating the respondent from meaningful legal challenges by small investors.
In Beirat v. Khiyal, the Court allowed an appeal in an estates case, ordering it back for a rehearing.
In Preston v Cervus Equipment Corp., the Court allowed the employer appellant’s appeal from the motion judge’s interpretation of a wrongful dismissal settlement and release whereby the motion judge had found that the employee had not released their claim to certain vested stock units. The plain wording of the settlement documentation and release said otherwise.
Gomes v Da Silva involved a claim to a family property by way of a resulting trust and for the sale of the property.
Other topics covered this week included vexatious litigation, the interpretation of a consent judgment in an estates case, the consolidation of two appeals regarding the validity of an investigative summons issued by the Ontario Securities Commission and the conversion of the proceeds of a cheque by a lawyer.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email
Table of Contents
Civil Decisions
Gomez v Da Silva, 2024 ONCA 792
Keywords: Real Property, Wills and Estates, Gifts, Equitable Claims, Resulting Trusts, Remedies, Partition and Sale, Equitable Set-OffCivil Procedure, Evidence, Corroboration, Limitation Periods, Appeals, Fresh Evidence, Partition Act, R.S.O 1990, c P.4, Real Property Limitations Act, R.S.O. 1990, c. L.15, ss. 4, 5(2), Evidence Act, R.S.O. 1990, c. E.23, s. 13, Fockler v. Spiegel, 2023 ONCA 148, Dass v. Kay, 2021 ONCA 565, Bradshaw v. Hougassian, 2023 ONSC 3266, Archer v. Neita, 2024 ONSC 2883, Singh v. Kaler, 2017 ABCA 275, Canaccord Genuity Corp. v. Pilot, 2015 ONCA 716, Telford v. Holt, [1987] 2 S.C.R. 193, Wise Enterprises Inc. v. J. Weiss Investments Limited, 2017 ONSC 5468, Silva v. Silva, [1990] O.J. No. 2183 (Ont. C.A.), Palmer v The Queen, [1980] 1 S.C.R. 759
Lochan v. Binance Holdings Limited, 2024 ONCA 784
Keywords: Securities, Contracts, Arbitration Clauses, Enforceability, Civil Procedure, Class Proceedings, Arbitration, Competence-Competence Principle, International Commercial Arbitration Act 2017, S.O. 2017, c. 2, Schedule. 5 s. 9, Ontario Securities Act, R.S.O. 1990, c. S.5, s. 133, Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, Spark Event Rentals v. Google LLC, 2024 BCCA 148, Dell Computer Corp. v. Union des consommateurs, 2007 SCC 34, Uber Technologies Inc. v. Heller, 2020 SCC 16
Beirat v. Khiyal, 2024 ONCA 790
Keywords: Family Law, Property, Joint Family Ventures, Resulting Trusts, Fraudulent Conveyances, Equalization of Net Family Property, Spousal Support, Child Support, Wills and Estates, Wills, Validity, Dependant’s Support, Karatzoglou v. Commisso, 2023 ONCA 738, Kerr v. Baranow, 2011 SCC 10, Trotter Estate, 2014 ONCA 841
Johnston v. McLean, 2024 ONCA 791
Keywords: Estates, Contracts, Trustees, Minutes of Settlement, Repudiation, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Sanko S.S. Co. v. Eacom Timber Sales Ltd. (1986), 32 D.L.R. (4th) 269 (B.C.S.C.), Carey v. Laiken, 2015 SCC 17, Thomsett v. Thomsett, 2001 BCSC 546, Shih v. Shih, 2017 BCCA 37, NHDG (Green Mountain) Inc. v. The Hamilton Teleport Ltd., 2021 ONSC 362, Cetin v. Percival et al., 2022 ONSC 2057, S.C.H. v. S.R., 2023 ONSC 1549, Brown v. Belleville (City), 2013 ONCA 148, John D. McCamus, The Law of Contracts (Toronto: Irwin Law, 2005)
Binance Holdings Limited v. Ontario Securities Commission, 2024 ONCA 805
Keywords: Securities, Investigations, Civil Procedure, Summonses, Appeals, Consolidation, Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6(2) and (3), Securities Act, R.S.O. 1990, c. S.5, ss. 13(1) and 144(1), Securities Commission Act, 2021, S.O.2021, c. 8, Sched. 9, Canadian Charter of Rights and Freedoms, s. 8, Rules of Civil Procedure, r. 1.04, Land Titles Act, R.S.O. 1990, c.L.5, Cavanaugh v. Grenville Christian College, 2013 ONCA 139, Davis v. Amazon Canada Fulfillment Services, ULC, 2023 ONCA 634, Confederation Trust Co. v. Donofrio (1994), 73 O.A.C. 132 (C.A.), McLeod v. Castlepoint Development Corp. (1997), 31 O.R. (3d) 737 (C.A.), Wright v. Strauss, 2019 ONCA 844
Zwaan v. LaFramboise, 2024 ONCA 800
Keywords: Torts, Conversion, Fresh Evidence, Insurance, Trust, Creditability, Charter Rights, Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, St. Amand v. Tisi, 2018 ONCA 106, Housen v. Nikolaisen, 2002 SCC 33
Marketology Media Inc. v. DGA North American Inc., 2024 ONCA 799
Keywords: Contracts, Debtor-Creditor, Fraudulent Conveyances, Corporations, Remedies, Oppression, Civil Procedure, Judgments, Enforcement, Procedural and Natural Justice, Sufficiency of Reasons, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, Labatt Brewing Co. v. NHL Enterprises Canada L.P., 2011 ONCA 511, Rodaro v. Royal Bank of Canada (2002), 59 O.R. (3d) 74 (C.A.), Union Building Corporation of Canada v. Markham Woodmills Development Inc., 2018 ONCA 401, R. v. R.E.M., 2008 SCC 51, Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, R. v. G.F., 2021 SCC 20, Sagl v. Chubb Insurance Company of Canada, 2009 ONCA 388
Preston v Cervus Equipment Corporation, 2024 ONCA 804
Keywords: Contracts, Employment, Settlements, Releases, Interpretation, Corner Brook (City) v. Bailey, 2021 SCC 29, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53
Liquor Control Board of Ontario v. Ontario (Information and Privacy Commissioner), 2024 ONCA 803
Keywords: Public Law, Freedom of Information, Liquor Control, Administrative Law, Judicial Review, Standard of Review, Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 ss. 14, ss.18, ss. 52(3), (13), and 55(1), Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22 s. 77(2), Mason v. Canada (Citizenship and Immigration), 2023 SCC 21, Thales DIS Canada Inc. v. Ontario (Transportation), 2023 ONCA 866, Northern Regional Health Authority v. Horrocks, 2021 SCC 42, Ball v. McAulay, 2020 ONCA 481, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3, Ontario (Community Safety and Correctional Services) v. Ontario (Information and Privacy Commissioner), 2014 SCC 31, Kitmitto v. Ontario (Securities Commission), 2024 ONSC 1412, Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67
Short Civil Decisions
Grillone (Re), 2024 ONCA 806
Keywords: Bankruptcy and Insolvency, Civil Procedure, Orders, Variation, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended
Wu v. Toronto (City), 2024 ONCA 810
Keywords: Civil Procedure, Vexatious Litigation, Rules of Civil Procedure, Rule 2.1, Vinczer v. 7084421 Canada Ltd., 2022 ONCA 400, Mohammad v. Springer Nature, 2024 ONCA 745, Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, Lochner v. Ontario Civilian Police Commission, 2020 ONCA 720
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