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Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening, Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Benarroch v. Fred Tayar & Associates P.C., the Court of Appeal confirmed that lawyers who act for themselves are treated like all self-represented litigants when it comes to awarding costs in their favour. They are not…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. There were six substantive civil decisions released by the Court of Appeal for Ontario this week. The most notable is Merrifield v Ontario (Attorney General), where it appears that for the first time, a Canadian appellate court was asked to determine whether a common law tort of harassment exists. The court held that such…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. There were five substantive civil decisions released by the Court of Appeal for Ontario this week.  In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act. In Lascaris v B’nai Brith Canada,…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. This week was a light week at the Court of Appeal, with only four substantive civil decisions. The Court released another anti-SLAPP decision in New Dermamed Inc. v. Sulaiman,  clarifying that the onus rests on a responding party resisting a motion to dismiss its defamation claim under section 137.1 of the Courts of Justice…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions Good evening. Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were only four substantive civil decisions released this week. Most notably, the Court of Appeal once again addressed the new anti-SLAPP legislation in United Soils Management Ltd. v. Mohammed (“United Soils”). In United Soils, the appellant brought actions against two respondents…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. There were only three substantive decisions. Topics covered this week included wills and estates (capacity and undue influence), insurance coverage in the MVA context where there was a question of intentional acts as opposed to mere negligence, and…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good afternoon, Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario (there were only three substantive decisions). In Lam v University of Western Ontario, 2019 ONCA 82, the appellant claim against the university had been dismissed by way of summary judgment. The appellant claimed that he was pressured to…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal DecisionS  Good evening, Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. The case reviews the elements for analyzing discoverability under section 5 of the Limitations Act, 2002, including the “appropriate means” test, and discusses what kind of professional relationships…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening, Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Zeppa v Woodbridge Heating & Air-Conditioning Ltd was yet another decision on discoverability. Justice Feldman dissented. The case reviews the discoverability analysis under section 5 of the Limitations Act, 2002 in detail, including the “appropriate means” test, as…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal DecisionS | Provincial Offences | Constitutional Reference Good evening. Following are our summaries of the civil decisions of the Court of Appeal for Ontario this past week.  The Court released a number of decisions this week, including an important pronouncement on Construction Act trusts, and the ability of the provincial legislature to establish trust certainties, in The Guarantee Company of Canada…