Court of Appeal Summaries (November 11 – 15)

November 20, 2024 | John Polyzogopoulos

Krieser v Seligman was a dispute regarding the construction of a $5 million home in Forest Hill that began in 2003 but did not get to trial until 20 years later. The owners were unsuccessful on their deficiency claims and the construction manager was successful on their modest claim on outstanding invoices.

Afghahi v Mekhael was a family law decision that dismissed the wife’s appeal from the trial judge’s findings on support and imputation of income but allowed the appeal on the issue of equalization of net family property.


Table of Contents

Civil Decisions

Krieser v. Seligman, 2024 ONCA 827

Keywords: Contracts, Construction, Breach of Fiduciary Duty, Courts of Justice Act, R.S.O. 1990, C. C.43, s. 134(6)

Afghahi v Mekhael, 2024 ONCA 835

Keywords: Family Law, Spousal Support, Child Support, Section 7 Expenses, Imputed Income, Property, Unequal Division, Equalization of Net Family Property, Unjust Enrichment, Family Law Act, R.S.O. 1990, c. F.3, s. 5

Short Civil Decisions

Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837

Keywords: Contracts, Interpretation, Insurance, Commercial General Liability, Coverage, Exclusions, Torts, Negligence, Duty to Defend, Insurance Act, R.S.O. 1990, c. I.8, s.124, Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, 2010 SCC 33

Passmore v. Hamilton (City), 2024 ONCA 825

Keywords: Torts, Negligence, MVA, Civil Procedure, Partial Summary Judgment, Rules of Civil Procedure, r. 20, Malik v Attia, 2020 ONCA 787

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