Articles

About Articles The below articles are published by the Civil Litigation Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editors:  Aaron Gold and Crystal Park

Today
Today

Blaney's Appeals: Ontario Court of Appeal Summaries (July 8 – 12, 2019)

  • July 15, 2019
  • John Polyzogopoulos

Among the summaries for this past week’s civil decisions of the Court of Appeal for Ontario is Dermann v. Baker, 2019 ONCA 584, in which the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure, the standard of review for a trial judge’s charge to the jury in a civil trial, and costs assessments in the context of payments made in advance, and offers to settle.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (June 24 – 28, 2019)

  • July 04, 2019
  • John Polyzogopoulos

This week’s key decision was Reference re Greenhouse Gas Pollution Pricing Act. The Act was found to be constitutional. The Court determined the main thrust of the Act was to establish minimal national standards to reduce greenhouse gas emissions. The Act falls within Parliament’s power to legislate on matters of national concern for the peace, order, and good government of Canada, and the charges it imposes are not unconstitutional.

Civil Litigation, Student Forum

It's a Small World After All: Obtaining Evidence from Persons Outside Ontario

  • June 01, 2019
  • Marie-Andrée Vermette, partner, Weir Foulds LLP,

In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.

Civil Litigation, Student Forum