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: Saba Ahmad and Stefan M. Case

Today
Today

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

Blaney's Appeals: Ontario Court of Appeal Summaries (May 21 – 24, 2019)

  • June 01, 2019
  • John Polyzogopoulos

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Civil Litigation, Environmental Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (May 6-10, 2019)

  • May 11, 2019
  • John Polyzogopoulos

Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Donovan v. Sherman Estate, the Court briefly reviewed the test for granting a sealing order. The Court observed that although the desire for privacy in this case was understandable, by itself, the desire for privacy without a public interest component is insufficient to justify the granting of a sealing order.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 22 – 26, 2019)

  • May 03, 2019
  • John Polyzogopoulos

In Merino v ING Insurance Company of Canada, 2019 ONCA 326, the Court concluded that automobile insurers in Ontario do not have the option of unilaterally rescinding a contract of insurance ab initio under the common law as a result of an insured’s misrepresentation... 

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 15-18, 2019)

  • April 24, 2019
  • John Polyzogopoulos

Matters covered this week included the dismissal of a proposed class action against the LCBO regarding the sale of beer in Ontario, the viability of claims by police officers against Crown attorneys for negligence and misfeasance in public office, summary judgment motions in child protection proceedings under the Child, Youth and Family Services Act, motions to change spousal support orders, and a residential tenancy dispute involving a missing cat.

Civil Litigation, Student Forum