Blog Authors

Latest from Blaneys Appeals

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Below are our last summaries of 2020, which include all civil decisions released by the Court of Appeal for Ontario for the weeks of December 21 and 28, 2020. Topics covered included human rights in the employment context, the refusal to enforce a foreign letter of request in the family law context, a breach of contract decision in the real estate development context issued by the Court in French (summarized by us in English), interveners in the administrative law context (ancillary fees at Ontario colleges and…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good evening. Following are our summaries of the past week’s civil decisions of the Court of Appeal for Ontario. The Court delivered a flurry of year-end decisions ahead of the holidays. In Duggan v Durham Region Non-Profit Housing Corporation, the Court overruled the Divisional Court and found that Rule 6.1.01 of the Rules of Civil Procedure ousts the court’s inherent jurisdiction to bifurcate a trial without the consent of the parties. The decision involves a very detailed discussion of the law as it existed before this rule was…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Bonus Provincial Offences Decision Good evening. Please find below our summaries of the civil decisions of the Court of Appeal for the week of December 7, 2020. We have also summarized R. v. Irwin, a provincial offences decision relating to Building Code violations, as it deals with the rule prohibiting collateral attacks of orders, and is therefore a decision applicable in the civil and administrative law context. Other topics covered this week included agreements of purchase and sale of land, jurisdiction/forum non conveniens, reasonable apprehension of bias,…
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 November 30, 2020. In Zoutman v. Graham, another anti-SLAPP, the Court agreed with the motion judge that the appellant’s delay of more than 6 months in bringing the motion (after the plaintiff had brought a motion for summary judgment) was fatal to the anti-SLAPP motion, as it subverted the intent and purpose of s. 137.1 of the Courts of Justice Act. The Court also pointed out that…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. There were only two civil decisions of any length released by the Court of Appeal this past week, dealing with security for costs of an appeal and variation of spousal support. However, in J.M.J. Family Trust v. Simcoe Block (1979) Limited, we are reminded that a debtor’s liability for “reasonable” legal fees incurred by a creditor enforcing a commercial agreement is not the same thing as liability for costs under the costs regime under the Rules. Unless the concepts of “full, substantial or partial indemnity costs”…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 16, 2020. Sokoloff v Tru-Path Occupational Therapy Services Ltd was another anti-SLAPP decision, perhaps the first by the Court since the Supreme Court’s recent decision in Pointes Protection.. Skof v. Bordeleau considered the jurisdiction of the Superior Court in a claim by a former police officer against his former employer, and whether that jurisdiction was ousted by the collective bargaining agreement or by the Police Services Act…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 9, 2020. Jesan Real Estate Ltd. v. Doyle deals with relief from forfeiture of deposits in respect of a “rent to own” occupancy agreement in the residential tenancy context. The tenant, who was self-represented on the appeal, arguably failed to properly exercise his option to purchase the property in accordance with the terms of the notice provisions in the agreement and, as a result, risked losing $35,000…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 2, 2020. There were quite a few substantive decisions released this week. In Kreiser v Garber, the appeal arose in the context of a wrongly constructed dock that prevented a neighbour from using their boat. The Court of Appeal engaged in a lengthy discussion on the law of nuisance, the considerations for when to allow fresh evidence on appeal, the special considerations to be taken into account…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal for the week of October 26, 2020. The headline decision is 7636156 Canada Inc. (Re). In a 54-page decision, the Court of Appeal canvassed in detail the law relating to letters of credit and the “autonomy” principle, and whether obligations by banks under LC’s are affected by a bankruptcy of the underlying debtor. In this case, the underlying debtor that went bankrupt was a commercial tenant. The application judge held that…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. There were only three substantive decisions released by the Court of Appeal this week. In Paulpillai Estate v. Yusuf, the Court reviewed in detail the factors to be considered in an analysis of whether an order is final or interlocutory for the purposes of determining the proper appeal route. Other topics covered this week included bank negligence, and building code violations. Wishing everyone a pleasant weekend. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Paulpillai Estate v. Yusuf, 2020 ONCA 655 Keywords: Civil…