Articles

About Articles The below articles are published by the Civil Litigation Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editors:  Aaron Gold and Crystal Park

Today
Today

Blaney's Appeals: Ontario Court of Appeal Summaries (May 21 – 24, 2019)

  • June 01, 2019
  • John Polyzogopoulos

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Civil Litigation, Environmental Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (May 6-10, 2019)

  • May 11, 2019
  • John Polyzogopoulos

Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Donovan v. Sherman Estate, the Court briefly reviewed the test for granting a sealing order. The Court observed that although the desire for privacy in this case was understandable, by itself, the desire for privacy without a public interest component is insufficient to justify the granting of a sealing order.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 22 – 26, 2019)

  • May 03, 2019
  • John Polyzogopoulos

In Merino v ING Insurance Company of Canada, 2019 ONCA 326, the Court concluded that automobile insurers in Ontario do not have the option of unilaterally rescinding a contract of insurance ab initio under the common law as a result of an insured’s misrepresentation... 

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 15-18, 2019)

  • April 24, 2019
  • John Polyzogopoulos

Matters covered this week included the dismissal of a proposed class action against the LCBO regarding the sale of beer in Ontario, the viability of claims by police officers against Crown attorneys for negligence and misfeasance in public office, summary judgment motions in child protection proceedings under the Child, Youth and Family Services Act, motions to change spousal support orders, and a residential tenancy dispute involving a missing cat.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 1 – 5, 2019)

  • April 08, 2019
  • John Polyzogopoulos

In College of Optometrists of Ontario v. Essilor Group Inc, the Court addressed the scope of provincial legislative authority in respect of regulating out-of-province eyewear retailers. Other topics covered this week included summary judgment in a breach of contract case, assessments of solicitors’ accounts, and willful blindness in the context of a fraud claim.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (March 25 – 29, 2019)

  • March 30, 2019
  • John Polyzogopoulos

There were only four substantive civil decisions released. In two of them, the Court continued to provide guidance on the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.Other topics covered this week include contractual interpretation and costs.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (March 18-22, 2019)

  • March 30, 2019
  • John Polyzogopoulos

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics included self-represented litigants costs, punitive damages, standard of care of a medical professional, extension of time to bring or perfect an appeal and appellate jurisdiction.

Civil Litigation, Student Forum