Articles

Here are the summaries for this week’s civil decisions of the Court of Appeal. It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support arising out of a material change in circumstances. The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

In its recent decision in Rougemount Capital Inc. v. Computer Associates International Inc., 2016 ONCA 847, the Court of Appeal for Ontario helpfully clarified that, absent special circumstances, the appropriate date to assess damages for breach of contract is as at the date of breach, and not at some future date.

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered include commercial leasing, by-law enforcement, municipal liability, assessments under the Solicitors Act, pension obligations under a contract and family law.

There are usually high stakes involved when bringing an injunction. It is therefore important to think critically about how best to advance your client’s claim for this extraordinary relief. This paper will walk through some of the key strategic decisions that a lawyer must make in considering whether to bring a motion for an injunction, and how to do so in a way that maximizes your chance of success.

This week’s Court of Appeal Summaries. Civil topics covered include administrative law/professional discipline (chiropractors), family law (support), contracts, civil procedure in the corporate oppression context (order interlocutory or final for appeal purposes), insurance law (SABs) and commercial tenancies. Special mention to our partner, Reeva Finkel, who on behalf of our client successfully resisted a landlord’s attempt to improperly terminate our client’s tenancy.