Articles

Below are the summaries of this week’s civil decisions of the Court of Appeal. In Reeb v. The Guarantee Company of North America, the Court held that there was a conflict of interest on the part of counsel for the insured because the insurer would have benefited financially if the decision below was affirmed and the appeal was dismissed. In the important decision in Sacks v. Ross, the Court reviewed the test for causation involving multiple tortfeasors in delayed diagnosis medmal cases.

Topics this week included the Municipalities Act, family law, and class actions. The Court also released two companion decisions (El-Khodr v. Lackie and Cobb v. Long Estate) relating to the deductibility of collateral benefits, namely Statutory Accident Benefits, from MVA damage awards. The Court also dealt with the applicable prejudgment interest rate and whether collateral benefits should be deducted when determining whether an offer to settle attracts Rule 49 consequences (yes).

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered include security for costs, Rule 21.01(1)(a), and the dismissal of the class action by surveyors in Ontario, who alleged that Teranet Inc. infringed their copyright by digitizing, storing, and copying plans of survey created by the surveyors and registered or deposited in the provincial registry offices.

This article discusses a recent pair of decisions in a solicitor-negligence action in which the court confirmed that causation must be proved, not assumed - even on summary judgment motions.

There were two family law decisions; one about a relocation application for a child, and the other about the presumption of resulting trust. There was also a decision reminding counsel of the importance of making full and fair disclosure of all material facts when moving without notice.

Topics covered this week included Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP and its companion decision, punitive damages, libel and slander, assessment of lawyers’ accounts, breach of contract, breach of trust, real property, commercial leases, crown wardship, employment law, non-share capital corporations, labour law, and SABs.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.