Rai v Bhalla, involved a dispute around the appointment of attorneys for property. The court below dismissed the application for various relief regarding payments that had been made after the applicant withdrew their challenge to the powers of attorney and their parent’s capacity in granting the POAs. The Court dismissed the appeal, as the withdrawal of challenge to the POAs left no issue to be litigated.
Lui v Chan was a failed motion seeking an extension of time to appeal a MedMal case that had been dismissed on a motion for summary judgment. The Court canvassed the law regarding an extension of time to appeal in detail, and held that the “justice of the case” did not warrant the granting of the extension, as the appeal was devoid of merit.
Table of Contents
Civil Decisions
Rai v Bhalla, 2024 ONCA 692
Keywords: Wills and Estates, Substitute Decisions, Powers of Attorney, Capacity, Inter Vivos Transfers, Gifts, Civil Procedure, Costs, Substitute Decisions Act, 1992, S.O. 1992, c. 30, ss. 3, 42
Lui v Chan, 2024 ONCA 699
Keywords: Torts, Negligence, MedMal, Fraud, Fraudulent Misrepresentation, Battery, Infliction of Mental Suffering, Breach of Fiduciary Duty, Breach of Contract, Civil Procedure, Summary Judgment, Appeals, Extension of Time, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)(b), Rules of Civil Procedure, rr. 57.01, 61.04(1), Liu v. Chan, 2024 ONSC 3221, Deokaran v. Law Society of Ontario, 2023 ONCA 602, Bratti v. Wabco Standard Trane Inc. (1994), 25 (Ont. C.A.), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, 1250264 Ontario Inc. v. Pet Value Canada Inc., 2015 ONCA 5, Collins v. Tiveron, 2024 ONCA 447, Ash v. Ontario (Chief Medical Officer), 2024 ONCA 398, Beazley v. Johnston, 2024 ONCA 430, Beard, Winter LLP v. Shekhdar, 2016 ONCA 493, Overtveld v. Overtveld, 2021 ONCA 930, Robson v. Law Society of Ontario, 2023 ONCA 709, Paulsson v. University of Illinois, 2010 ONCA 21, Issasi v. Rosenzweig, 2011 ONCA 112, Duca Community Credit Union Ltd. v. Giovanni et al. (2001), 142 O.A.C., Auciello v. Mahadeo, 2016 ONCA 414, Correct Building Corporation v. Lehman, 2022 ONCA 723, Sabatino v. Posta Ital Bar Inc., 2022 ONCA 208, Continental Imperial Exploration Ltd v. Ontario (Environment, Conservation and Parks), 2024 ONCA 328, Pantoja v. Belilla, 2023 ONCA 757, Opara v. Ciamarra, 2023 ONCA 731, Leybourne v. Powell, 2023 ONCA 421, Javid Estate v. Watson, 2023 ONCA 665, Suserski v. Nurse, 2008 ONCA 416
Short Civil Decisions
Lewis v Uber Canada Inc, 2024 ONCA 702
Keywords: Taxation, GST, Rebates, Civil Procedure, Jurisdiction, Excise Tax Act, RSC. 1985, c E-15, Federal Court of Appeal in Merchant Law Group v Canada Revenue Agency, 2010 FCA 184, Sorbara v Canada (Attorney General), 2009 ONCA 506
Angel Capital Finance Inc v Jawaid, 2024 ONCA 701
Keywords: Contracts, Real Property, Mortgages, Remedies, Power of Sale, Civil Procedure, Default Judgments, Procedural Fairness, Collateral Attack, Roblin v Drake, [1938] OR 711 (CA), Simmonds v Simmonds, 2013 ONCA 479
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