Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du litige civil de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : John Polyzogopoulos, Nastaran Roushan

Aujourdʼhui
Aujourdʼhui
Blaney's Court of Appeal Summaries (March 27 – 31, 2017)

Blaney's Court of Appeal Summaries (March 27 – 31, 2017)

  • 04 avril 2017
  • John Polyzogopoulos

Boaden Catering Limited v. Real Food For Real Kids Inc. was a contest over website domain names. The decision of United States v Equinix Inc. dealt with the Mutual Legal Assistance in Criminal Matters Act, which allows countries that have a mutual legal assistance treaty with Canada to seek the help of the Minister of Justice in locating and obtaining relevant evidence believed to be in Canada.

Litige civil
Blaneys Court of Appeal Summaries (March 20 - 24, 2017)

Blaneys Court of Appeal Summaries (March 20 - 24, 2017)

  • 04 avril 2017
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In York (Regional Municipality) v. Tsui, the Court concluded that municipal by-laws that circumscribe the hours of operation of body rub parlours are not criminal laws and therefore not ultra vires. In Scaduto v Cucu, the Court considered whether to grant amicus curiae status to a party that had been adverse in interest in previous proceedings.

Litige civil
Blaneys Court of Appeal Summaries (March 6 - March 10, 2017)

Blaneys Court of Appeal Summaries (March 6 - March 10, 2017)

  • 27 mars 2017
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were not many substantive decisions and of those, none were particularly noteworthy. Topics covered included family law, conflict of laws (choice of law), MVA, jury charges and reasonable apprehension of bias.

Blaneys Court of Appeal Summaries (February 27-March 3, 2017)

Blaneys Court of Appeal Summaries (February 27-March 3, 2017)

  • 06 mars 2017
  • John Polyzogopoulos

Summaries for this past week’s civil decisions. In Moore v Sweet, the Court discussed whether a constructive trust can be imposed only on two bases: unjust enrichment and wrongful acts, or whether there are other grounds to award a constructive trust. Other topics included family law decisions, several procedural decisions – jurisdiction, reasonable apprehension of bias, sufficiency of reasons, setting aside orders, extensions of time to appeal and stays pending appeal.

Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

Blaneys Court of Appeal Summaries (January 30 – February 3, 2017)

  • 08 février 2017
  • Lea Nebel

Summaries for this week’s civil decisions of the Court of Appeal for Ontario. Topics covered this week included: the effect of pending retirement on a high income earner with spousal support obligations (Schulstad); a dispute between two law firms regarding an agency agreement that resulted in a charging order (Fancy Barristers); and the sufficiency of a pleading in a defamation case (Catalyst Capital).

Litige civil

Known Unknowns: Ontario Court of Appeal Provides Guidance on Discoverability in Potentially Contaminated Lands Cases

  • 30 janvier 2017
  • Jennifer Fairfax, Patrick G. Welsh, Rebecca Hall-McGuire and Evan J. Barz

In Crombie Crombie v McColl, the Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction, particularly as to when “knowledge” of contamination arises for the purpose of understanding when applicable limitation periods in environmental litigation may be deemed to have expired.

Litige civil
Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

Blaneys Court of Appeal Summaries (January 3 – 6, 2017)

  • 11 janvier 2017
  • John Polyzogopoulos

Happy New Year! Here are summaries of this week’s civil decisions of the Court of Appeal. Most of them were procedural in nature (dismissal for delay, appellate jurisdiction, limitation periods, setting aside orders, summary judgment).

Litige civil
Blaneys Court of Appeal Summaries (December 12-16, 2016)

Blaneys Court of Appeal Summaries (December 12-16, 2016)

  • 03 janvier 2017
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered this week included a number of civil procedure issues (civil contempt, appeal routes, administrative dismissals for delay), of couple of real property/municipal law cases (dedication of roads, relief from forfeiture) and an unjust enrichment case in the context of a family dispute.