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
Blaneys Court of Appeal Summaries (August 8 – 12, 2016)

Blaneys Court of Appeal Summaries (August 8 – 12, 2016)

  • August 22, 2016
  • John Polyzogopoulos

Welcome to another week of summaries of civil decisions of the Court of Appeal for Ontario. Topics covered include municipal liability, contracts, employment law, stay pending appeal to the Supreme Court of Canada and class actions (adding representative plaintiffs and whether breach of the price-fixing provisions of the Competition Act can constitute the unlawful act element of the tort of civil conspiracy).

Civil Litigation
Blaneys Court of Appeal Summaries (July 25 - July 29)

Blaneys Court of Appeal Summaries (July 25 - July 29)

  • August 22, 2016
  • John Polyzogopoulos

For the end of July, this was a fairly busy week for the Court of Appeal. Topics covered included family law, professional negligence, professional misconduct, vexatious litigants, dismissal for delay, unjust enrichment (office pool lottery winnings), breach of contract and construction law.

Civil Litigation

Blaneys Court of Appeal Summaries (July 18-22)

  • July 26, 2016
  • John Polyzogopoulos

Summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include contracts, summary judgment in the limitation period context, and contempt. John Polyzogopoulos Blaney McMurtry LLP jpolyzogopoulos@blaney.com Tel: 416.593.2953 http://www.blaney.com/lawyers/john-polyzogopoulos

Civil Litigation

Blaneys Court of Appeal Summaries (July 11 – July 15)

  • July 18, 2016
  • John Polyzogopoulos

Below are the summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include summary judgment in the context of medmal, fraud and debtor-creditor claims, the ability (or lack thereof) to appeal from arbitral decisions on issues of jurisdiction, and a family law decision involving a claim to unequal division of family property. As always, we welcome your comments and feedback.

Civil Litigation

Blaneys Court of Appeal Summaries (July 4 – July 8)

  • July 18, 2016
  • John Polyzogopoulos

Summaries of this week’s civil decisions released by our Court of Appeal. Areas of law covered include Municipal Law, Civil Procedure, Administrative Law, Contracts, Family Law, Crown Liability, Condominium Law, and Real Property Law.

Civil Litigation

Blaneys Court of Appeal Summaries (June 27-June 30

  • July 18, 2016
  • John Polyzogopoulos

Happy Canada Day to all of you! The Court of Appeal released several decisions this week, most of them yesterday afternoon. The most notable decision of the week was in the Trinity Western case in which the Court upheld the Law Society’s decision denying TWU’s application for accreditation as a law school.

Civil Litigation

Blaneys Court of Appeal Summaries (June 20-24, 2016)

  • June 30, 2016
  • John Polyzogopoulos

Topics covered this week included family law, municipal law, contractual interpretation, reasonable apprehension of bias, and costs against a lawyer personally. Perhaps the most notable decision is Grant v Equifax Canada regarding credit scores. The Court of Appeal confirmed in that case that you cannot compel a credit bureau to remove reference in your credit score to debts that are more than two years old for which no claim has been brought. Have a nice weekend.

Civil Litigation
$125-Million Pharmaceutical Damages Award Undone by Hearsay Rule

$125-Million Pharmaceutical Damages Award Undone by Hearsay Rule

  • June 22, 2016
  • J. Bradley White and Nathaniel Lipkus

Over the past several years, Canadian courts have considered claims for damages by generic drug companies kept off the market due to patents asserted by brand-name drug companies under Canada’s pharmaceutical patent regulatory scheme. The Court’s May 31st judgment in Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, signals a renewed attention to rigorous application of the rules of evidence, and is expected to have wide implications on the conduct of proceedings in the Federal Court.

Civil Litigation
Court of Appeal Summaries (June 13 – 17)

Court of Appeal Summaries (June 13 – 17)

  • June 22, 2016
  • John Polyzogopoulos

The Court of Appeal has released a variety of cases this week dealing with such topics as wrongful dismissal, bankruptcy and insolvency, pensions, real estate, and residential landlord and tenant. The most notable decision by far this week is the Groia v. The Law Society of Upper Canada decision in which the court dismissed the member’s appeal from his conviction for professional misconduct.

Civil Litigation