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: Saba Ahmad and Stefan M. Case

Today
Today

Ontario Court of Appeal Summaries (July 9 - 13)

  • July 17, 2018
  • John Polyzogopoulos

Topics covered in our summaries of this week’s civil decisions of the Ontario Court of Appeal include crown wardship, constructive dismissal, partial summary judgment, unjust enrichment as a result of an overpayment by an insurer, a construction lien action, and a claim for negligent investigation and related torts against the police and Fire Marshall in a case of arson by negligence.

Civil Litigation, Student Forum

Court of Appeal Summaries (June 25 - 29)

  • July 09, 2018
  • John Polyzogopoulos

Topics covered in this week's summaries include the validity of a will of someone with chronic alcoholism and an application for habeas corpus in the immigration law context.

Civil Litigation, Student Forum

Court of Appeal Summaries (June 18-22)

  • June 25, 2018
  • John Polyzogopoulos

Topics covered this week included the breach of an agreement of purchase and sale of land, whether a termination clause in an employment contract violated the Employment Standards Act, and the appeal route when seeking to review an order of a single judge of the Divisional Court (to a panel of that court, not to the Court of Appeal).

Civil Litigation, Student Forum

Court of Appeal Summaries (June 11-15)

  • June 18, 2018
  • John Polyzogopoulos

Topics covered this week include automobile insurance coverage in the leasing context, family law, limitation periods in the breach of contract context, the need for expert evidence on the standard of care on a summary judgment motion in the professional negligence context, administrative law in the software development tax credit context, and vexatious litigants.

Civil Litigation, Student Forum

Ontario Court of Appeal Summaries (May 22 - 25)

  • May 28, 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario, including Yaiguaje v Chevron Corporation, in which it appears that the Court has finally put an end to the matter; and Beatty v Wei, in which the Court set aside the application judge’s interpretation of the Illegal Substances Clause commonly used as an additional term in the Ontario Real Estate Association/Toronto Real Estate Board standard form Agreement of Purchase and Sale.

Civil Litigation, Real Property Law, Student Forum

Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line

  • May 22, 2018
  • Roselyn Kelada-Sedra, Sabsay Lawyers

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.

Civil Litigation, Labour and Employment Law, Student Forum

Ontario Court of Appeal Summaries (May 13- May 18)

  • May 22, 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Civil Litigation, Criminal Justice, Insurance Law and 1 more..., Student Forum

COURT OF APPEAL SUMMARIES (April 30 - May 4, 2018)

  • May 10, 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal for Ontario, including Ontario Inc. v. Maple Leafs Foods Inc., in which the Court decided Maple Leafs Foods did not have a duty not to harm the reputation or profits of Mr. Sub franchisees who sold Maple Leaf meats; and, on the Criminal Law front, the Court's decision in R. v. Forcillo, in which the appeal from the conviction of the constable for attempted murder was dismissed.

Civil Litigation, Criminal Justice, Student Forum