Articles

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

“Like a forest fire in this era of climate change, costs in class proceedings have gotten out of control.” These were the opening words of Justice Perell in his recent costs decision following a successful defence motion to stay the class proceedings in Heller v Uber Technologies Inc, 2018 ONSC 1690.

Topics covered this week included a priority dispute between insurers in a SABs case, the tort of misfeasance in public office in the context of a challenge to a governmental policy decision (the partial privatization of Hydro One), solicitor negligence, and discharges from bankruptcy.

The civil decisions released by the Court of Appeal this week dealt with issues such as enforcement of terms of settlement, discoverability, the authority of a lawyer to act on behalf of an incapacitated client and others.

This article discusses the recent decision of DBDC Spadina Ltd. v. Walton, 2018 ONCA 60, and the implications of complex corporate structures and "shell games" for victims of fraud.

Topics covered this week include a claim of solicitor negligence; a claim that a judgment was for misappropriation while acting in a fiduciary capacity, and therefore survived bankruptcy; a relief from forfeiture case; a priority dispute between insurers in the MVA context; an administrative law decision in the union grievance context; and several decisions of a more procedural nature.

Below are this week’s Court of Appeal summaries. Topics covered this week included family law, slip and falls, commercial tenancies, civil procedure in the bankruptcy context and breach of contract. John Polyzogopoulos jpolyzogopoulos@blaney.com

Below are this week’s Court of Appeal summaries. Topics included Medmal, breach of contract, and several procedural decisions.

This article discusses the recent Supreme Court of Canada decision in R v Canadian Broadcasting Corporation, 2018 SCC 5, which addresses freedom of the press and expression over the importance of protecting the privacy rights of victims of crime.

Decisions this week were on a variety of issues. Raibex Canada Ltd. v. ASWR Franchising Corp. is an especially noteworthy decision for franchisors.