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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…
Jump To: Table of Contents | Civil Decisions | Criminal Decisions Good evening. There were only three substantive civil decisions released by the Court of Appeal this week. In TD General Insurance Company v Intact Insurance Company, the Court examined two insurance policies that had overlapping coverage.  The Court reiterated the rule from Family Insurance Corp v Lombard Canada Ltd that where insurers have not intended to limit their obligations to contribute to a loss…
Jump To: Table of Contents | Civil Decisions | Criminal Decisions Good evening and Happy New Year to all our readers! There were only two substantive civil decisions of the Court of Appeal this week. Most notably, in Heller v Uber Technologies Inc., the Court revived a proposed class action by Uber drivers against Uber alleging that they are employees who have been denied rights under the Employment Standards Act, rather than independent contractors. Justice…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Provincial Offences Good evening. Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. The Court released a great number of decisions this week, some of them quite lengthy. In Das v George Weston Limited, the Court of Appeal upheld a decision of Justice Perrell in which His Honour had…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board | Provincial/Regulatory Offences Decisions Good evening. Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. The decisions dealt mainly with procedural issues. Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions Good evening, Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. Topics covered included: 1. A review of the conflicting case law relating to the deduction of statutory accident benefits (“SABs”) paid before a trial from the amount of tort damages awarded at trial. The Court rejected the approach that…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions Good evening. Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. Topics covered this week included: the interpretation of a mortgage assumption provision in an agreement of purchase and sale of land; the interpretation of an early payment provision in a vendor take-back mortgage; the interpretation of a municipal by-law;…
On November 19, 2018, the U.S. District Court for the District of New Jersey released its decision in Posco Daewoo America Corp. v. Allnex USA, Inc. and Travelers Casualty and Surety Company of America.  The decision represents a “sequel” to the Court’s 2017 decision arising out of the same claim (see our November 6, 2017 post).  The case features an interesting twist on the usual social engineering fraud claim scenario, in that it was…
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 this week. There were many criminal decisions released. In Wall v. Shaw, the Court determined that there is no limitation period to objecting to accounts in an application to pass accounts in an estates matter. A notice of objection is not a…