Articles 2024

Examining the application of the standard two-year limitation period in the context of mandatory alternative dispute resolution provisions often found in franchise agreements, with reference to the relatively recent decision, PQ Licensing S.A. v. LPQ Central Canada Inc., 2018 ONCA 331.

Topics covered in this week's summaries include the validity of a will of someone with chronic alcoholism and an application for habeas corpus in the immigration law context.

Indemnities are a tool for allocating risk. Contracting parties often use indemnities to achieve certainty and finality in their affairs. This requires drafters to be conscious of the assumptions and inferences that a court might draw when interpreting the contract. A recent Ontario Court of Appeal decision, Weyerhaeuser v. Ontario (Attorney General), 2017 ONCA 1007, highlights the need for clear language to establish air-tight indemnities.

New guidance from FSCO on biennial member statements and SEPP to JSPP conversions, a PRPP member guide from OSFI, and updates from CAPSA...

Section Chair, Caroline Abela, provides a message to the Trusts and Estates Law Section and reports on the activities of the Section's committees for the 2017-2018 OBA executive year.

Esther Nwator and Christine Laviolette offer a brief overview of the recent developments on this hot topic: the status of the legalization of cannabis, associated regulations, connection to Bill C-46 , and some of the key issues emerging from legalization.

Topics covered this week included the breach of an agreement of purchase and sale of land, whether a termination clause in an employment contract violated the Employment Standards Act, and the appeal route when seeking to review an order of a single judge of the Divisional Court (to a panel of that court, not to the Court of Appeal).

Topics covered this week include automobile insurance coverage in the leasing context, family law, limitation periods in the breach of contract context, the need for expert evidence on the standard of care on a summary judgment motion in the professional negligence context, administrative law in the software development tax credit context, and vexatious litigants.

The Supreme Court of Canada has recently granted leave to appeal from the decisions in Bell Canada v. Canada/ National Football League v. Canada, 2017 FCA 249 and Vavilov v. Canada, 2017 FCA 132 and, in so doing, advised that it will hear these three appeals together in order to reconsider the nature and scope of judicial review of administrative decision-makers addressed in Dunsmuir and subsequent cases and has specifically directed the parties to address the question of standard of review.

Following are summaries of this week’s civil decisions of the Ontario Court of Appeal.