Articles

Some of this week’s topics include Summary Judgment (genuine issue of credibility in MVA context, limitation periods and Crown Liability), Contract law (subject-matter jurisdiction in a tendering case and interpretation of use clause in a lease), Enforcement of Settlements (where allegations of lack of capacity) and Crown liability and the importance of complying with the strict notice requirements of the Proceedings Against the Crown Act.

The Hazelton Lanes decision is a black mark on the administration of justice. It is an unfortunate and stark reminder to trial counsel of the importance of proper and timely documentary disclosure and cooperation and communication between counsel to focus on what is relevant to ensure that cases are tried fairly and efficiently. This 3 day trial went for 50 days without being decided on the merits. The end result is that the parties will now have to do it all over again.

On November 13, 2014, the Supreme Court of Canada released yet another decision dealing with its apparent re-consideration of the law of contract in Canada. Bhasin v. Hrynew addresses the question: “What standard of conduct applies when a party is performing a contract?”

Hi everyone. Here are this week’s OCA Summaries.

Lower Cost Awards in Class Actions: What Does it Mean for Access to Justice?

There has been much ink spilled in the Commonwealth on the issue of whether or not factual circumstances surrounding the formation of a contract (often referred to as the “factual matrix”) ought to be considered by a court when there is a dispute about the meaning of a written agreement. A recent decision of the Supreme Court has provided courts guidance on how to go about determining the parties’ objective intention.

This instalment of Blaney’s Ontario Court of Appeal summaries includes decisions covering the following topics: Child Welfare, Family Law (the variation of spousal support where child support has ceased), Leave to Appeal Costs Orders where the costs ordered were set off against other debts (leave not required), and Extension of Time to Appeal (because of a change in the law after the appeal period has expired but before the order was issued and entered).

Effective Monday May 5, 2014, counsel will be able to access online the Court Cases Lists for all Ontario Court of Justice and Superior Court of Justice matters across Ontario.