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Court of Appeal Summaries (August 4 – August 8)

August 15, 2025 | John Polyzogopoulos

This was a light week. In Baker v. Van Dolder’s Home Team Inc., the Court granted leave to intervene to the Ontario Chamber of Commerce in an appeal concerning the enforceability of an employment termination clause under the Employment Standards Act, 2000. Although intervention in private disputes typically involves a more stringent standard, the Court applied a more relaxed standard in this case because the appeal raised broader public policy issues. To avoid the appearance of imbalance and duplicative submissions, leave was only granted to one intervener. In Universalcare Canada Inc. v. Gusciglio, the Court allowed an appeal from the dismissal of a defamation action under the anti-SLAPP provisions of the Courts of Justice Act. The public interest in allowing the appellants to pursue the defamation action in this case outweighed the respondent’s interest in tweeting negatively about the standard of care the appellants provide to elderly people under their care. Macpherson v. Wyszatko Estate was an appeal from an order giving directions in a fact-driven estates matter. One aspect of the appeal was allowed, with the appeal on the remaining issues being dismissed.

 

 

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