In Barbiero v Pollack, the Court upheld the dismissal for delay of a 21-year-old class proceeding for delay. The rules regarding delay apply equally to class proceedings. Moreover, the Court partially overturned its 2011 decision in Langenecker v. Sauvé. The Court indicated that to the extent the Court’s decision in Langenecker v. Sauvé could be read as denying that the passage of time, on its own, can constitute sufficient prejudice to dismiss an action for delay and not simply a rebuttable presumption of prejudice, that decision should not be followed.
In a child abduction case, A.A. v. Z.M., the Court granted a motion to review and set aside the order of a single judge of the Court denying a stay of a Superior Court decision that required the return of an infant child to Bangladesh pending appeal. The mother alleged procedural unfairness and argued that the return order violated her and the child’s pending refugee claim in Canada, citing safety concerns and domestic violence. The majority found serious issues on appeal, potential irreparable harm, and a balance of convenience favoring the mother, granting the stay pending an expedited hearing of the appeal. In dissent, Hourigan J. criticized the majority for insufficient deference to the motion judge and raised concerns about the possible future procedural misuse of panel reviews.
In Arcamm Electrical Services v Avison Young Real Estate Management Service, the Court allowed the appeal from a summary judgment for services rendered. The Court held that the motion judge erred in failing to consider the appellant’s contributory fault defence and finding that there was no genuine issue for trial. Importantly, the Court confirmed that damages in contract cases can be apportioned based on fault.
Teneycke v. McVety was an anti-SLAAPcase. The plaintiff, who was Premier Doug Ford’s campaign manager, was publicly accused by the defendant, the president of the Evangelical Christian Bible College, of two things. First, that the plaintiff improperly used his influence over Premier Ford to implement vaccine passports for the benefit of his company’s pharmaceutical clients, and ultimately for his own financial benefit. Second, that the plaintiff has an anti-Christian bias and has tried to keep Christians out of the Progressive Conservative Party. The defendant brought an anti-SLAPP motion to dismiss the plaintiff’s defamation action against him. The motion judge dismissed the motion. The Court dismissed the defendant’s appeal.
In Saxberg v. Seargeant Picard Incorporated, a construction contract dispute, the defendant brought a motion for summary judgment to dismiss the claim as out of time. The motion judge dismissed the motion and also found that the claim was in-time, precluding the limitation period defence at trial (the “boomerang” order). The defendant had agreed on the motion that this would be appropriate, and in dismissing the appeal, the Court commented that the appellant should not be entitled to resile from that position.
In Rathee v Rathee, the Court set aside the appeal judge’s decision that overturned an arbitrator’s award in a family law case. The Court partially reinstated the arbitrator’s award, but varied it by increasing the amount of spousal support payable.
Dufault v. Ignace (Township) was an appeal of a summary judgment motion which found the termination clauses included in an employment contract unenforceable for failing to meet minimum standards under the ESA.
In Giann v. Giannopoulos, the Court agreed with the application judge’s conclusions that the Appellants had not satisfied their evidentiary burden in demonstrating that their father’s capacity was at issue or that his decision-making may have been unduly influenced when making a will and an inter vivos transfer of property.
In Tzouanakis v Tzouanakis, the Court dismissed the appellant’s appeal from the trial judge’s decision finding that the respondent beneficially owned one family property by way of resulting trust, and held a 35.6% interest in a second property.
Table of Contents
Civil Decisions
In Barbiero v Pollack, the Court upheld the dismissal for delay of a 21-year-old class proceeding for delay. The rules regarding delay apply equally to class proceedings. Moreover, the Court partially overturned its 2011 decision in Langenecker v. Sauvé. The Court indicated that to the extent the Court’s decision in Langenecker v. Sauvé could be read as denying that the passage of time, on its own, can constitute sufficient prejudice to dismiss an action for delay and not simply a rebuttable presumption of prejudice, that decision should not be followed.
In a child abduction case, A.A. v. Z.M., the Court granted a motion to review and set aside the order of a single judge of the Court denying a stay of a Superior Court decision that required the return of an infant child to Bangladesh pending appeal. The mother alleged procedural unfairness and argued that the return order violated her and the child’s pending refugee claim in Canada, citing safety concerns and domestic violence. The majority found serious issues on appeal, potential irreparable harm, and a balance of convenience favoring the mother, granting the stay pending an expedited hearing of the appeal. In dissent, Hourigan J. criticized the majority for insufficient deference to the motion judge and raised concerns about the possible future procedural misuse of panel reviews.
In Arcamm Electrical Services v Avison Young Real Estate Management Service, the Court allowed the appeal from a summary judgment for services rendered. The Court held that the motion judge erred in failing to consider the appellant’s contributory fault defence and finding that there was no genuine issue for trial. Importantly, the Court confirmed that damages in contract cases can be apportioned based on fault.
Teneycke v. McVety was an anti-SLAAPcase. The plaintiff, who was Premier Doug Ford’s campaign manager, was publicly accused by the defendant, the president of the Evangelical Christian Bible College, of two things. First, that the plaintiff improperly used his influence over Premier Ford to implement vaccine passports for the benefit of his company’s pharmaceutical clients, and ultimately for his own financial benefit. Second, that the plaintiff has an anti-Christian bias and has tried to keep Christians out of the Progressive Conservative Party. The defendant brought an anti-SLAPP motion to dismiss the plaintiff’s defamation action against him. The motion judge dismissed the motion. The Court dismissed the defendant’s appeal.
In Saxberg v. Seargeant Picard Incorporated, a construction contract dispute, the defendant brought a motion for summary judgment to dismiss the claim as out of time. The motion judge dismissed the motion and also found that the claim was in-time, precluding the limitation period defence at trial (the “boomerang” order). The defendant had agreed on the motion that this would be appropriate, and in dismissing the appeal, the Court commented that the appellant should not be entitled to resile from that position.
In Rathee v Rathee, the Court set aside the appeal judge’s decision that overturned an arbitrator’s award in a family law case. The Court partially reinstated the arbitrator’s award, but varied it by increasing the amount of spousal support payable.
Dufault v. Ignace (Township) was an appeal of a summary judgment motion which found the termination clauses included in an employment contract unenforceable for failing to meet minimum standards under the ESA.
In Giann v. Giannopoulos, the Court agreed with the application judge’s conclusions that the Appellants had not satisfied their evidentiary burden in demonstrating that their father’s capacity was at issue or that his decision-making may have been unduly influenced when making a will and an inter vivos transfer of property.
In Tzouanakis v Tzouanakis, the Court dismissed the appellant’s appeal from the trial judge’s decision finding that the respondent beneficially owned one family property by way of resulting trust, and held a 35.6% interest in a second property.
Table of Contents
Civil Decisions
Barbiero v Pollack, 2024 ONCA 904
Keywords: Civil Procedure, Class Proceedings, Dismissal for Delay, Class Proceedings Act, 1992, S.O. 1992, c. 6, ss. 28, 35, Rules of Civil Procedure, r. 24.01, Barbiero v. Pollack, 2024 ONSC 1548, 1196158 Ontario Inc. v. 6274013 Canada Ltd., 2012 ONCA 544, Langenecker v. Sauvé, 2011 ONCA 803, Allen v. Sir Alfred McAlpine & Sons, Ltd., [1968] 1 All E.R. 543 (C.A.), 556, Hryniak v. Mauldin, 2014 SCC 7
A.A. v Z.M., 2024 ONCA 923
Keywords: Family Law, Parenting, Relocation, Child Abduction, Child Welfare, Immigration Law, Refugees, Civil Procedure, Appeals, Stay Pending Appeal, Review, Courts of Justice Act, R.S.O. 1990, c. C.43 s. 7(5), Children’s Law Reform Act, R.S.O. 1990, c. C.12 s. 22(1)(a)(b), s.23, s.24, s.40, Immigration and Refugee Protection Act, S.C. 2001, c. 27, Rules of Civil Procedure, r. 63.02(1)(b), F. v. N., 2022 SCC 51, A.(M.A.) v. E. (D.E.M.), 2020 ONCA 486, Maharaj v. Maharaj, 146 O.A.C. 317, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp v. Lesperance, 33 O.R. (3d) 674, N. v. F., 2021 ONCA 688, D.C. v T.B., 2021 ONCA 562, K.K. v. M.M., 2021 ONCA 407, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Oliveira v. Oliveira, 2022 ONCA 218, Barendregt v Grebliunias, 2022 SCC 22, K.K. v. M.M., 2021 ONCA 407, Lefebvre v. Lefebvre (2002), 167 O.A.C. 85 (C.A.), Yaiguaje v. Chevron Corp., 2017 ONCA 827, Machado v. Ontario Hockey Association, 2019 ONCA 210, Wiseau Studio, LLC v. Harper, 2021 ONCA 504, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R, Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R, N. v. F., 2021 ONCA 614
Rathee v Rathee, 2024 ONCA 912
Keywords: Family Law, Spousal Support, Equalization of Net Family Property, Civil Procedure, Arbitration, Divorce Act, RSC 1985, c 3 (2nd Supp), Spousal Support Advisory Guidelines, Family Law Rules, O. Reg. 114/99, rr. 24(1), 24(6), Petersoo v. Petersoo, 2019 ONCA 624, Halliwell v. Halliwell, 2017 ONCA 349, McKinnon v. McKinnon, 2018 ONCA 596, Slongo v. Slongo, 2017 ONCA 272, D.B.S. v. S.R.G, 2006 SCC 37, Kerr v. Baranow, 2011 SCC 10, Gray v. Gray, 2014 ONCA 659
Dufault v Ignace (Township), 2024 ONCA 915
Keywords: Contracts, Employment, Termination Clauses, Enforceability, Wrongful Dismissal, Civil Procedure, Reconsideration, Employment Standards Act, 2000, S.O. 2000, c. 41, Termination and Severance of Employment, O. Reg. 288/01, Practice Direction Concerning Civil Appeals, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, Rahman v. Cannon Design Architecture Inc., 2022 ONCA 451, Waksdale v. Swegon North America Inc., 2020 ONCA 391
Arcamm Electrical Services Ltd. v Avison Young Real Estate Management Services LP, 2024 ONCA 925
Keywords: Contracts, Defences, Contributory Fault, Contributory Negligence, Damages, Apportionment, Civil Procedure, Partial Summary Judgment, Negligence Act, R. S.O. 1990, c. N.1, Courts of Justice Act, R.S.O. 1990, c. C.43, Rules of Civil Procedure, r. 20, Hyrniak v. Mauldin, 2014 SCC 7, Tompkins Hardware Ltd. v. North Western Flying Services Ltd. (1982), 139 D.L.R. (3d) 329, 22 C.C.L.T. 1 (Ont. H.C.J.), Ribic v. Weinstein (1982), 140 D.L.R. (3d) 258 (Ont. H.C.), aff’d (1984), 47 O.R. (2d) 126 (C.A.); Treaty Group Inc. v. Drake International Inc. (2005), 36 C.C.L.T. (3d) 265, 15 B.L.R. (4th) 83 (Ont. S.C.), aff’d on other grounds, 2007 ONCA 450, K-Line Maintenance & Construction Ltd. v. Scepter Corp., 2009 CarswellOnt 7398, (Ont. S.C.), at para. 161; Atos v. Sapient, 2016 ONSC 6852, at para. 389, Parkhill Excavating Limited v. Robert E. Young Construction Limited, 2017 ONSC 6903, at para. 212, Coopers & Lybrand v. H.E. Kane Agencies Ltd. (1985), 62 N.B.R. (2d) 1, (N.B. C.A.), at pp. 707-708, Doiron v. Caisse populaire d’Inkerman Ltée (1985), 17 D.L.R. (4th) 660, 61 N.B.R. (2d) 123 (N.B. C.A.), at p. 273, Cosyns v. Smith (1983), 146 D.L.R. (3d) 622, 25 C.C.L.T. 54 (Ont. C.A.), Spiridakis v. Li, 2021 ONCA 359
Teneycke v McVety, 2024 ONCA 927
Keywords: Torts, Defamation, Anti-SLAPP, Malice, Defences, Fair Comment, Responsible Communication, Malice, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, Burjoski v. Waterloo Region District School Board, 2024 ONCA 811, Hamer v. Jane Doe, 2024 ONCA 721, Bent v. Platnick, 2020 SCC 23, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, 40 Days for Life v. Dietrich, 2024 ONCA 599, Mondal v. Kirkconnell, 2023 ONCA 523, Marcellin v. London (Police Services Board), 2024 ONCA 468, Thatcher-Craig v. Clearview (Township), 2023 ONCA 96, PMC York Properties Inc. v. Siudak, 2022 ONCA 635, Hill v. Church of Scientology of Toronto (1994), 18 O.R. (3d) 385 (C.A.), Rogacki v. Belz (2004), 190 O.A.C. 94 (C.A.), 2110120 Ontario Inc. v. Buttar, 2023 ONCA 539, Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130, Smith v. Cross, 2009 BCCA 529, Rooney v. Galloway, 2024 BCCA 8, o Hansman v. Neufeld, 2023 SCC 14, Thorman v. McGraw, 2022 ONCA 851, Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730, The Catalyst Capital Group Inc. v. West Face Capital Inc., 2023 ONCA 381, Brad-Jay Investments Limited v. Village Developments Limited (2006), 218 O.A.C. 315 (C.A.), leave to appeal refused, [2007] S.C.C.A. No. 92
Saxberg v Seargeant Picard Incorporated, 2024 ONCA 931
Keywords: Contracts, Constructions, Civil Procedure, Summary Judgment, Boomerang Summary Judgment, Limitation Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 5(1)(a)(iv), Rules of Civil Procedure, r. 20.04(2.1), Grant Thornton LLP v. New Brunswick, 2021 SCC 31, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Longo v. MacLaren Art Centre, 2014 ONCA 526, Presley v. Van Dusen, 2019 ONCA 66, Gordashevskiy v. Aharon, 2019 ONCA 297
Giann v Giannopoulos, 2024 ONCA 928
Keywords: Wills and Estates, Wills, Inter Vivos Transfers, Validity, Capacity, Undue Influence, Rules of Civil Procedure, r. 75.06, Neuberger v. York, 2016 ONCA 191, leave to appeal refused, [2016] S.C.C.A. No. 207, Johnson v. Johnson, 2022 ONCA 682, leave to appeal refused, [2022] S.C.C.A. No. 444
Tzouanakis v Tzouanakis, 2024 ONCA 929
Keywords: Real Property, Estates and Trusts, Resulting Trusts
Short Civil Decisions
Girgis v Mansour, 2024 ONCA 913
Keywords: Wills and Estates, Interpretation, Testamentary Intention, Estates Act, R.S.O. 1990, c. E.21, s. 50(1), Rules of Civil Procedure, rr. 14.05(3)(a) and (d), 74.15(1)(d) and (i), 74.17
Ash v Ontario (Chief Medical Officer), 2024 ONCA 921
Keywords: Civil Procedure, Leave to Appeal, Extension of Time, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 7(5)
Barbiero v Pollack, 2024 ONCA 922
Keywords: Costs
Vaughan v Chen, 2024 ONCA 914
Keywords: Civil Procedure, Appeals
Baybourdi v Starkman Barristers, 2024 ONCA 934
Keywords: Contracts, Solicitor and Client, Civil Procedure, Assessments, Jurisdiction, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 19(1)(b), Solicitor’s Act, R.S.O. 1990, c. S.15, Durbin v. Brant, 2017 ONCA 463, Norris v. Starkman, 2020 ONCA 744
Keywords: Civil Procedure, Class Proceedings, Dismissal for Delay, Class Proceedings Act, 1992, S.O. 1992, c. 6, ss. 28, 35, Rules of Civil Procedure, r. 24.01, Barbiero v. Pollack, 2024 ONSC 1548, 1196158 Ontario Inc. v. 6274013 Canada Ltd., 2012 ONCA 544, Langenecker v. Sauvé, 2011 ONCA 803, Allen v. Sir Alfred McAlpine & Sons, Ltd., [1968] 1 All E.R. 543 (C.A.), 556, Hryniak v. Mauldin, 2014 SCC 7
A.A. v Z.M., 2024 ONCA 923
Keywords: Family Law, Parenting, Relocation, Child Abduction, Child Welfare, Immigration Law, Refugees, Civil Procedure, Appeals, Stay Pending Appeal, Review, Courts of Justice Act, R.S.O. 1990, c. C.43 s. 7(5), Children’s Law Reform Act, R.S.O. 1990, c. C.12 s. 22(1)(a)(b), s.23, s.24, s.40, Immigration and Refugee Protection Act, S.C. 2001, c. 27, Rules of Civil Procedure, r. 63.02(1)(b), F. v. N., 2022 SCC 51, A.(M.A.) v. E. (D.E.M.), 2020 ONCA 486, Maharaj v. Maharaj, 146 O.A.C. 317, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp v. Lesperance, 33 O.R. (3d) 674, N. v. F., 2021 ONCA 688, D.C. v T.B., 2021 ONCA 562, K.K. v. M.M., 2021 ONCA 407, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Oliveira v. Oliveira, 2022 ONCA 218, Barendregt v Grebliunias, 2022 SCC 22, K.K. v. M.M., 2021 ONCA 407, Lefebvre v. Lefebvre (2002), 167 O.A.C. 85 (C.A.), Yaiguaje v. Chevron Corp., 2017 ONCA 827, Machado v. Ontario Hockey Association, 2019 ONCA 210, Wiseau Studio, LLC v. Harper, 2021 ONCA 504, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R, Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R, N. v. F., 2021 ONCA 614
Rathee v Rathee, 2024 ONCA 912
Keywords: Family Law, Spousal Support, Equalization of Net Family Property, Civil Procedure, Arbitration, Divorce Act, RSC 1985, c 3 (2nd Supp), Spousal Support Advisory Guidelines, Family Law Rules, O. Reg. 114/99, rr. 24(1), 24(6), Petersoo v. Petersoo, 2019 ONCA 624, Halliwell v. Halliwell, 2017 ONCA 349, McKinnon v. McKinnon, 2018 ONCA 596, Slongo v. Slongo, 2017 ONCA 272, D.B.S. v. S.R.G, 2006 SCC 37, Kerr v. Baranow, 2011 SCC 10, Gray v. Gray, 2014 ONCA 659
Dufault v Ignace (Township), 2024 ONCA 915
Keywords: Contracts, Employment, Termination Clauses, Enforceability, Wrongful Dismissal, Civil Procedure, Reconsideration, Employment Standards Act, 2000, S.O. 2000, c. 41, Termination and Severance of Employment, O. Reg. 288/01, Practice Direction Concerning Civil Appeals, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, Rahman v. Cannon Design Architecture Inc., 2022 ONCA 451, Waksdale v. Swegon North America Inc., 2020 ONCA 391
Arcamm Electrical Services Ltd. v Avison Young Real Estate Management Services LP, 2024 ONCA 925
Keywords: Contracts, Defences, Contributory Fault, Contributory Negligence, Damages, Apportionment, Civil Procedure, Partial Summary Judgment, Negligence Act, R. S.O. 1990, c. N.1, Courts of Justice Act, R.S.O. 1990, c. C.43, Rules of Civil Procedure, r. 20, Hyrniak v. Mauldin, 2014 SCC 7, Tompkins Hardware Ltd. v. North Western Flying Services Ltd. (1982), 139 D.L.R. (3d) 329, 22 C.C.L.T. 1 (Ont. H.C.J.), Ribic v. Weinstein (1982), 140 D.L.R. (3d) 258 (Ont. H.C.), aff’d (1984), 47 O.R. (2d) 126 (C.A.); Treaty Group Inc. v. Drake International Inc. (2005), 36 C.C.L.T. (3d) 265, 15 B.L.R. (4th) 83 (Ont. S.C.), aff’d on other grounds, 2007 ONCA 450, K-Line Maintenance & Construction Ltd. v. Scepter Corp., 2009 CarswellOnt 7398, (Ont. S.C.), at para. 161; Atos v. Sapient, 2016 ONSC 6852, at para. 389, Parkhill Excavating Limited v. Robert E. Young Construction Limited, 2017 ONSC 6903, at para. 212, Coopers & Lybrand v. H.E. Kane Agencies Ltd. (1985), 62 N.B.R. (2d) 1, (N.B. C.A.), at pp. 707-708, Doiron v. Caisse populaire d’Inkerman Ltée (1985), 17 D.L.R. (4th) 660, 61 N.B.R. (2d) 123 (N.B. C.A.), at p. 273, Cosyns v. Smith (1983), 146 D.L.R. (3d) 622, 25 C.C.L.T. 54 (Ont. C.A.), Spiridakis v. Li, 2021 ONCA 359
Teneycke v McVety, 2024 ONCA 927
Keywords: Torts, Defamation, Anti-SLAPP, Malice, Defences, Fair Comment, Responsible Communication, Malice, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, Burjoski v. Waterloo Region District School Board, 2024 ONCA 811, Hamer v. Jane Doe, 2024 ONCA 721, Bent v. Platnick, 2020 SCC 23, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, 40 Days for Life v. Dietrich, 2024 ONCA 599, Mondal v. Kirkconnell, 2023 ONCA 523, Marcellin v. London (Police Services Board), 2024 ONCA 468, Thatcher-Craig v. Clearview (Township), 2023 ONCA 96, PMC York Properties Inc. v. Siudak, 2022 ONCA 635, Hill v. Church of Scientology of Toronto (1994), 18 O.R. (3d) 385 (C.A.), Rogacki v. Belz (2004), 190 O.A.C. 94 (C.A.), 2110120 Ontario Inc. v. Buttar, 2023 ONCA 539, Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130, Smith v. Cross, 2009 BCCA 529, Rooney v. Galloway, 2024 BCCA 8, o Hansman v. Neufeld, 2023 SCC 14, Thorman v. McGraw, 2022 ONCA 851, Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730, The Catalyst Capital Group Inc. v. West Face Capital Inc., 2023 ONCA 381, Brad-Jay Investments Limited v. Village Developments Limited (2006), 218 O.A.C. 315 (C.A.), leave to appeal refused, [2007] S.C.C.A. No. 92
Saxberg v Seargeant Picard Incorporated, 2024 ONCA 931
Keywords: Contracts, Constructions, Civil Procedure, Summary Judgment, Boomerang Summary Judgment, Limitation Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 5(1)(a)(iv), Rules of Civil Procedure, r. 20.04(2.1), Grant Thornton LLP v. New Brunswick, 2021 SCC 31, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Longo v. MacLaren Art Centre, 2014 ONCA 526, Presley v. Van Dusen, 2019 ONCA 66, Gordashevskiy v. Aharon, 2019 ONCA 297
Giann v Giannopoulos, 2024 ONCA 928
Keywords: Wills and Estates, Wills, Inter Vivos Transfers, Validity, Capacity, Undue Influence, Rules of Civil Procedure, r. 75.06, Neuberger v. York, 2016 ONCA 191, leave to appeal refused, [2016] S.C.C.A. No. 207, Johnson v. Johnson, 2022 ONCA 682, leave to appeal refused, [2022] S.C.C.A. No. 444
Tzouanakis v Tzouanakis, 2024 ONCA 929
Keywords: Real Property, Estates and Trusts, Resulting Trusts
Short Civil Decisions
Girgis v Mansour, 2024 ONCA 913
Keywords: Wills and Estates, Interpretation, Testamentary Intention, Estates Act, R.S.O. 1990, c. E.21, s. 50(1), Rules of Civil Procedure, rr. 14.05(3)(a) and (d), 74.15(1)(d) and (i), 74.17
Ash v Ontario (Chief Medical Officer), 2024 ONCA 921
Keywords: Civil Procedure, Leave to Appeal, Extension of Time, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 7(5)
Barbiero v Pollack, 2024 ONCA 922
Keywords: Costs
Vaughan v Chen, 2024 ONCA 914
Keywords: Civil Procedure, Appeals
Baybourdi v Starkman Barristers, 2024 ONCA 934
Keywords: Contracts, Solicitor and Client, Civil Procedure, Assessments, Jurisdiction, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 19(1)(b), Solicitor’s Act, R.S.O. 1990, c. S.15, Durbin v. Brant, 2017 ONCA 463, Norris v. Starkman, 2020 ONCA 744