Articles

Perhaps the most significant decision released in the last two weeks was the decision in PS v Ontario, in which a five member panel of the Court of Appeal declared certain provisions of the Mental Health Act unconstitutional for not providing the Consent and Capacity Board with enough powers to appropriately deal with involuntarily detained persons suffering from disabilities.

Below are summaries of this week’s civil decisions of our Ontario Court of Appeal (non-criminal).

Bill 52, the Protection of Public Participation Act, 2014 (the Bill), was re-introduced by Attorney General of Ontario Madeleine Meilleur on December 1, 2014. The Bill is a reincarnation of Bill 83, which was first introduced in 2013 and received its second reading in September of that year before dying on the order paper.

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). This week’s topics include, a municipality’s statutory duty of care; procedural fairness and the complaint process under the Police Services Act (arising from a G20 Summit arrest); pleadings in negligent medical care cases; and the interpretation and application of PIPEDA in a case involving enforcement of a judgment and a debtor’s mortgage information.

Below are summaries of this week’s Ontario Court of Appeal civil decisions.

Our Court of Appeal released thirteen civil decisions this week. Topics covered included construction liens, summary judgment in several different contexts, including an interesting decision in a wills and estates matter involving allegations of undue influence, family law, employment law, MVA, Rule 21 in the context of a malicious prosecution and Charter damages claim, and a labour law decision involving alleged reasonable apprehension of bias of an OLRB panel member.

This article deals with cost consequences in relation to Plaintiffs’ counsel maintaining an overly aggressive strategy.

The Court of Appeal maintains “special and strict” requirements under Proceedings Against the Crown Act.

Below are this week’s non-criminal Ontario Court of Appeal decisions.