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

Ontario Court of Appeal Summaries (February 19–23)

  • February 26, 2018
  • John Polyzogopoulos

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.

Civil Litigation

Ontario Court of Appeal Summaries (February 12-16)

  • February 22, 2018
  • John Polyzogoulos

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

Civil Litigation

Removing Offending Content from the Internet Just Became Harder

  • February 20, 2018
  • John Polyzogopoulos

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.

Civil Litigation

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

  • January 22, 2018
  • Les O'Connor

This article discusses the standard of appellate review applicable to contractual interpretation cases as considered by the Ontario Court of Appeal in Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293.

Civil Litigation

Who’s to Blame? Apportioning Liability in Civil Jury Trials

  • January 18, 2018
  • Risa M. Kirshblum with notes from Sarah Spitz

This article discusses recent Court of Appeal authority in respect of how responsibility for an accident should be apportioned between different parties involved in the accident.

Civil Litigation

Ontario Court of Appeal Summaries (January 8 – 12, 2018)

  • January 17, 2018
  • John Polyzogopoulos

Employment Law decision of Nemeth v. Hatch Ltd., 2018 ONCA 7. In Trade Finance Solutions Inc. v. Equinox Global Limited, 2018 ONCA 12, the court enforced an arbitration clause in an insurance policy and stayed an action brought in Ontario in favour of arbitration in London, England.

Civil Litigation

Trying to Get a Trial Date in Ontario? Judges say read the practice directions!

  • January 16, 2018
  • Brookelyn Kirkham

Are you a junior lawyer that has not yet set an action down for trial? Have you heard about the inefficiencies of setting a trial date in scheduling court? Certain regional practice directions include particular processes for getting your trial date and judges are reminding litigators to take a look.

Civil Litigation

ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 1 – JANUARY 5, 2018)

  • January 11, 2018
  • John Polyzogopoulos

In Stokker, the Court reaffirmed the proper legal test in Nissar for restoring an action that has been administratively dismissed for delay. In Vancise, the motion judge dismissed the action on the basis that it was barred by s. 9 of the Crown Liability and Proceedings Act, which bars actions against the federal government when it has already provided compensation under a government program. The Court of Appeal upheld the motion judge’s decision.

Civil Litigation