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 (March 21-24, 2016)

Blaneys Court of Appeal Summaries (March 21-24, 2016)

  • April 18, 2016
  • John Polyzogopoulos

The Court of Appeal only released civil law decisions this week. Topics covered included whether or not leave to appeal a vesting order made on a receivership sale under the Bankruptcy and Insolvency Act is required (it is), an ironic case in which a lawyer initially resisted a professional negligence claim for missing a limitation period by arguing the limitation period had been missed (nice try), insurance law and adjournments.

Civil Litigation
Blaneys Court of Appeal Summaries (March 14-18, 2016)

Blaneys Court of Appeal Summaries (March 14-18, 2016)

  • March 24, 2016
  • John Polyzogopoulos

This week’s decisions from the Court of Appeal covered a broad range of topics, including defamation (the requirements for notice under the Libel and Slander Act), wrongful dismissal, expropriations, several contract interpretation cases, and a family law case involving whether there was a true loan from a parent to their child.

Blaneys Court of Appeal Update (March 7-11, 2016)

Blaneys Court of Appeal Update (March 7-11, 2016)

  • March 24, 2016
  • John Polyzogopoulos

This week’s Court of Appeal decisions covered a range of subjects including contracts, torts, civil procedure, and wills and estates. The two most notable substantive decisions this week were Spence v BMO Trust Co. - can a bequest be voided on public policy grounds because the disappointed heir alleged that the true motivation for being cut out of the will was racism? – and Neuberger v York, a dispute over a $100 million dollar estate.

Civil Litigation
Blaneys Court of Appeal Summaries (February 29- March 4, 2016)

Blaneys Court of Appeal Summaries (February 29- March 4, 2016)

  • March 24, 2016
  • John Polyzogopoulos Blaney McMurtry LLP JPolyzogopoulos@blaney.com Tel: 416.593.2953 http://www.blaney.com/lawyers/john-polyzogopoulos

Cases this week included commercial leasing decisions involving issues such as insurance and allocation of risk, and the commencement of the limitation period for suing for ongoing breaches of covenants. Other topics included the enforceability of a choice of law and forum clause in a financial adviser case, MVA, copyright, and a debtor-creditor case where the debtor succeeded in a claim for intentional interference with economic relations.

Civil Litigation
Blaneys Court of Appeal Summaries (February 22-26, 2016)

Blaneys Court of Appeal Summaries (February 22-26, 2016)

  • March 24, 2016
  • John Polyzogopoulos

The Court of Appeal released a number of decisions this week. In Meridian Credit Union Limited v. Baig, the Court confirmed that silence and half-truths can amount to misrepresentation, and found a purchaser had engaged in fraudulent misrepresentation by silence in the context of a court-approved sale of assets by a receiver. Other topics include entitlement to commissions, and the high threshold that must be met to permit an action against a monitor and/or receiver.

Blaneys Court of Appeal Summaries (January 25-29, 2016)

  • March 24, 2016
  • John Polyzogopoulos

Topics covered by the Court of Appeal this week in its civil decisions included franchise law (duty of disclosure), employment law (WSIB and wrongful dismissal of dependent contractors), insolvency (statutory privilege of documents), debtor-creditor (capacity to execute guarantees), MVA (liability of automobile lessors), and motions to strike for no reasonable cause of action (a claim by a lawyer against the Law Society and a securities class action).

Civil Litigation

Blaneys Court of Appeal Summaries (January 18-22, 2016)

  • March 21, 2016
  • John Polyzogopoulos

Topics this week covered franchising, jurisdiction, reasonable apprehension of bias, bankruptcy and insolvency and family law. In one noteworthy decision, Bank of Montreal v Javed et al, the court stated that the test for unconscionability had not been changed by the duty of good faith as set out in Bhasin v Hrynew.

Civil Litigation
Blaneys Court of Appeal Summaries (February 1-5, 2016)

Blaneys Court of Appeal Summaries (February 1-5, 2016)

  • March 14, 2016
  • John Polyzogopoulos

The Court of Appeal released a number of civil decisions this week with topics including the conversion of bills of exchange issued by a fraudulent employee and the fictitious and non-existent payee defences under the Bills of Exchange Act that protect banks, conflicts of interest in the solicitor-client relationship, family law, adverse possession and easements and commercial leases.

Civil Litigation