Good afternoon. Please find below our summaries of the civil decisions released by the Court of Appeal for Ontario during the week of August 24 to 28, 2020. There was a plethora of decisions released. The headliner last week was undoubtedly Duffy v. Canada (Senate). Senator Duffy was acquitted of criminal charges relating to the scandal surrounding the claiming of expenses relating to his residence and the $90,000 he received from Nigel Wright of the…

Good afternoon. There was only one substantive decision of the Court of Appeal for Ontario last week. In a lengthy decision in McEwen (Re) , the Court determined that a panel of the Court had the jurisdiction to review the decision of a single member of the Court sitting in chambers that denied leave to appeal under s. 193(e) of the Bankruptcy and Insolvency Act. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email…

Good afternoon. There were only two substantive civil decisions released by the Court of Appeal for Ontario last week. Siemon v. Perth Standard Condominium Corporation is a condominium oppression case. Friends of Toronto Public Cemeteries Inc. v. Public Guardian and Trustee is a costs decision in respect of public interest litigation. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email…

Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 3 to 7, 2020. Shergar Development Inc. v. Windsor (City) confirms the power of the then OMB to award costs against a party whose land is expropriated when that party fails to accept a reasonable settlement offer made by the expropriating authority and takes unreasonable positions. In Walia v. 2155982 Ontario Inc.,…

Good afternoon. Please find below our summaries of the civil decisions of the Court of Appeal released during the week of July 27 to 31, 2020. In Manthadi v. ASCO Manufacturing, the Court reviewed in detail the difference between the common law and the Employment Standards Act relating to the determination of whether a party purchasing a business is a successor employer and the proper notice period for wrongful dismissal. In Le Treport Wedding &…

Good afternoon. Please find below our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Topics covered included the following: Condo law – Responsibility for repairing exclusive use common elements in a condominium under the condominium’s declaration and the Condominium Act, 1998 (unit owners were found responsible for repairing their exclusive use chimneys). Rights of Way – The scope of a right of way to access a cottage beach (did not…

Good afternoon. Please find below our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Topics covered included family law, an appeal from a medmal jury verdict, summary judgment on malicious prosecution and related claims, the presumption of undue influence in the context of a wife’s guarantee of corporate debts of a public company that was also in many respects a family business, and the recoverability of disbursements for expert fees…