Articles 2024

Lower Cost Awards in Class Actions: What Does it Mean for Access to Justice?

There has been much ink spilled in the Commonwealth on the issue of whether or not factual circumstances surrounding the formation of a contract (often referred to as the “factual matrix”) ought to be considered by a court when there is a dispute about the meaning of a written agreement. A recent decision of the Supreme Court has provided courts guidance on how to go about determining the parties’ objective intention.

This instalment of Blaney’s Ontario Court of Appeal summaries includes decisions covering the following topics: Child Welfare, Family Law (the variation of spousal support where child support has ceased), Leave to Appeal Costs Orders where the costs ordered were set off against other debts (leave not required), and Extension of Time to Appeal (because of a change in the law after the appeal period has expired but before the order was issued and entered).

Effective Monday May 5, 2014, counsel will be able to access online the Court Cases Lists for all Ontario Court of Justice and Superior Court of Justice matters across Ontario.

Justice David M. Brown recently released two endorsements regarding the process for scheduling and case managing summary judgment motions before him on the Superior Court Commercial List. Counsel would be well-served to review these guidelines before scheduling summary judgment motions on the Commercial List.

The recent SCC decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd. provides some welcome clarity to the tort of unlawful interference with economic relations. Although it represents a departure from previous Ontario jurisprudence, the decision should give commercial actors a better idea of whether their actions will be viewed as tortious or as legitimate competitive activities.