Articles

On December 14, 2009, the Ontario Superior Court released its long-awaited reasons in Silver et al v. IMAX Corporation et al, Ontario Superior Court of Justice, Court File No. CV-06-3257-00 (“IMAX”).

In a decision released August 26th, 2009, the Ontario Superior Court of Justice in United States v. Yemec has taken a bold step in recognizing the possibility of a new impeachment defence of Audi Alteram Partem (Latin: hear the other side), to the enforcement of a foreign judgments in Canada. 

In an attempt to ease the burden of litigants dealing with out-of-province defendants, a five-member panel of the Ontario Court of Appeal has recently overhauled (again) the law of assumed jurisdiction in the province. In Van Breda v. Village Resorts Ltd., 2010 ONCA 84, the Court revisited and restated the oft-criticized common-law test originally set out in Muscutt v. Courcelles (2002), 60 O.R. (3d) (C.A.), in favour of a “refined” and “simplified” test.

Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers’ accounts, wrongful dismissal (calculation of damages, including bonuses), aboriginal law (authority to amend lease of band lands), wills and estates (payment of interest on late distributions), condominium law (oppression and restrictions on use of common elements) and family law (constructive trust, Crown wardship).

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, the court upheld the constitutionality of two policies enacted by the College.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 31, 2021.