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
Blaney's Court of Appeal Summaries (May 4 – 8, 2015)

Blaney's Court of Appeal Summaries (May 4 – 8, 2015)

  • May 19, 2015
  • John Polyzogopoulos

Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include intellectual property, police liability, wrongful dismissal, occupier’s liability, and the oppression remedy under the Condominium Act. In Bienstock v Adenyo, the Court of Appeal applied the Supreme Court’s 2006 decision in Pro Swing Inc v. Elta Golf Inc, which confirmed that non-monetary foreign judgments can be enforced in Canada.

Civil Litigation
The Admission of Expert Evidence: The role of impartiality

The Admission of Expert Evidence: The role of impartiality

  • May 19, 2015
  • Scott Rollwagen

In White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, the Supreme Court of Canada has provided much-needed guidance as to the relationship between the requirement of impartiality and the question whether the court should receive the expert’s evidence at all.

Civil Litigation
Blaney's Court of Appeal Sumamries (April 27 – May 1, 2015)

Blaney's Court of Appeal Sumamries (April 27 – May 1, 2015)

  • May 04, 2015
  • John Polyzogopoulos

Hello everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). Topics covered include family law, construction liens, constructive dismissal, insurance law in relation to the calculation of the amount of a subrogated claim by OHIP in a personal injury action and in the reduction of benefits under an LTD policy upon receipt of CPP payments, and a motion to strike for no cause of action and the right to amend pleadings in that context.

Civil Litigation

Technology Report

  • May 04, 2015
  • Geoffrey D. Mowatt

OBA Technology Report regarding Courtside EDX, Shake and CudaSign

Civil Litigation
‘Downshift’ Your Cases... Or Pay the Price

‘Downshift’ Your Cases... Or Pay the Price

  • May 04, 2015
  • Jeremy Martin

In Bernstein v. Poon, 2015 ONSC 2125, Justice Mew had an opportunity to deal with some of the most frustrating aspects of a case that "isn't about the money". The decision was a costs endorsement concerning two rival weight loss gurus engaged in a defamation action.

Civil Litigation
Blaney's Court of Appeal Summaries (April 13 - 17, 2015)

Blaney's Court of Appeal Summaries (April 13 - 17, 2015)

  • April 23, 2015
  • John Polyzogopoulos

Below are summaries of this week’s OCA civil decisions (non-criminal). Topics covered include certification of a copyright class action brought by land surveyors against Teranet Inc for providing access to their plans, reasonable notice of termination of employment, stay of proceedings in both the creditor-debtor and immigration law context, and franchise law.

Civil Litigation