Articles

Topics include trespass by an owner’s invitees over land that was subject to a right of way granted by the owner to the plaintiff, stay pending appeal in the context of the ongoing administration of the residential schools settlement, appealing a judgment for breach of a commercial lease on the basis of fresh evidence, mental distress damages for negligence claims, jurisdiction and attornment in a custody dispute, and abuse of process in the context of requesting a reconsideration of an appeal.

An explanation of the benefits of Document Management Software in small- to-medium-sized litigation firms.

In Nasr Hospitality Services Inc. v Intact Insurance, another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations do not toll the limitation period. Other topics included certification of a class action, the duty of care of auditors to shareholders, a useful refresher on basic principles of the law of evidence, guardianship application and appellate jurisdiction.

Summary of a case where the defendant was ordered to pay the plaintiff's costs of the pre-trial conference.

Cases this week include 704604 Ontario Ltd. v. Pointes Protection Association, as well as a case stemming from a series of tweets; one that focused on Facebook postings; another involving a doctor who sued a lawyer who posted an email on the Ontario Trial Lawyers Association “Listserv”; an action based on an internet post; and a case about a political candidate who had a 25-year-old criminal conviction.

An update on what the Supreme Court of Canada has been doing so far this year and a preview of what we can expect for the balance of the year.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. One noteworthy decision released relates to Bernard Madoff’s Ponzi scheme. Almost 10 years have passed since Madoff’s confession!

Topics covered this week include applications for release from immigration detention pursuant to the Habeas Corpus Act and related infringement of Charter rights, as well as collateral attacks relating to leave applications for appealing a costs award.

This week’s summaries include two property boundary disputes between neighbours, a child custody decision, several criminal decisions, and a couple of Ontario Review Board decisions.

Topics covered in our summaries of this week’s civil decisions of the Ontario Court of Appeal include crown wardship, constructive dismissal, partial summary judgment, unjust enrichment as a result of an overpayment by an insurer, a construction lien action, and a claim for negligent investigation and related torts against the police and Fire Marshall in a case of arson by negligence.