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Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 16, 2021. Continue Reading Topics covered this week included several family law decisions relating to custody and access, relocation and spousal support and labour law (duty to bargain in good faith). Wishing everyone an enjoyable weekend. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Society of United Professionals v. New Horizon System Solutions, 2021 ONCA 503 Keywords: Labour Law, Administrative Law, Judicial Review, Reasonableness, Collective…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 5, 2021. Continue Reading Topics covered this week included civil forfeiture of proceeds of unlawful activity, regulated professions, family law, breach of fiduciary duty in a partnership context, and stay pending appeal to the Supreme Court of Canada. Wishing everyone an enjoyable weekend. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Mahtani v. Mistry, 2021 ONCA 492 Keywords: Family Law, Spousal Support, Child Support, Income…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the short week of June 28 to 30, 2021. Continue Reading Topics covered this week included security for costs in an appeal from a Mareva injunction and follow up contempt order that granted judgment for the full amount sought by the plaintiff, a custody and access, and the enforcement of a limitation of liability clause in a contract with a security alarm provider, the denial of leave to appeal in…
Jump To: Table of Contents | Civil Decisions Good afternoon. Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 21, 2021. Continue Reading In Manastersky v. Royal Bank of Canada, the Court dealt with a wrongful dismissal appeal on damages that was remanded by the Supreme Court of Canada with the directive of applying the recent decision of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. The Court affirmed its original decision. In Moore v. 7595611 Canada Corp., the Court refused to set aside the damage awards the…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of June 14, 2021. Continue Reading In Kelava v. Spadacini, the Court found that a Deputy Judge of the Small Claims Court has the jurisdiction to make a representation order relying on Rule 12 of the ordinary Rules of Civil Procedure by analogy. The overriding consideration in Small Claims Court matters is access to justice. In Loan Away Inc. v. Facebook Canada Ltd., the Court enforced Facebook’s forum selection clause requiring…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of June 7, 2021. Continue Reading In O’Reilly v. ClearMRI Solutions Ltd, the Court set aside the motion judge’s determination that that the two appellant corporations were common employers, and set aside the judgment against one of them. The motion judge had not properly applied the law relating to the separate corporate personalities. Just because corporations are related or commonly controlled, that does not automatically make both of them liable for…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 31, 2021. Continue Reading Topics covered this week included medmal, constructive trust in the family law context, the interpretation of a commercial lease, the dismissal of a motion for leave to appeal from a sale process proposed by a receiver, partial summary judgment on the eve of trial involving a claim of negligence against a parent corporation in relation to negligence of its subsidiary, claiming interest under construction liens…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 25, 2021. Continue Reading In Cirillo v. Ontario, the Court concluded that this class action claiming redress for the criminal justice system’s failure to hold timely bail hearings for accused persons fell squarely within “core policy” decisions of the government and the Crown was therefore immune from liability in negligence or breach of fiduciary duty. Moreover, while there may have been a viable claim for breach…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon, Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 17, 2021. Continue Reading Topics covered this week included the calculation of damages for breach of an agreement of purchase and sale of land, leave to appeal from a provincial offences conviction against a Town under the Endangered Species Act, striking frivolous and vexatious claims, commercial lease renewals, stay pending appeal, hearings in the absence of a party, and the capacity to execute powers of…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon, Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 10, 2021. Continue Reading In Fontaine v. Canada (Attorney General), the Court of Appeal considered a motion for a stay pending appeal in the context of the ongoing Indian residential school settlement case. A stay was not granted, and a request for a preservation order with respect to documentary records of certain claimants was also dismissed. In Dorman v. Economical Mutual Insurance Company, the Court…