Posts filtered by tags: Ontario Court of Appeal[x]


 

Canada: Estopped By A Shared Assumption: The Court Of Appeal Clarifies The Doctrine Of Estoppel By Convention - WeirFoulds LLP

On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc. v Romandale Farms Limited, 2021 ONCA 201.
Tags: News, Canada, Ontario Court of Appeal, WeirFoulds LLP, Fram Elgin Mills 90 Inc, Romandale Farms


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.The Docket 2. Eloise Gratton 3. SOQUIJ | Le Blogue 4. The Court 5. BC Provincial Court eNews The Docket Ford’s Pandemic Police State After months of ignoring the warnings of experts...
Tags: Law, Canada, Ford, Victoria, Jordan, Ontario, Ontario Court of Appeal, R, Doug Ford, Nguyen, Monday’s Mix, SOQUIJ, BC Provincial Court, Éloïse Gratton, Court R, Eloise Gratton QC Bill


Summary Judgment on Pandemic Constructive Dismissal

Over a year ago, the provincial government introduced new emergency leaves for workers sick from COVID-19. This was soon followed by special provisions for termination and severance under the Employment Standards Act, 2000 (ESA), which many people speculated was likely unenforceable and would be deemed constructive dismissal. Justice Broad of the Ontario Superior Court of Justice recently dismissed a motion for summary judgment on April 16, 2021, in , where the defendant unsuccessfully attempte...
Tags: Law, Court, Esa, Avis, Graves, Small Claims Court, Coutinho, Ontario, Roberts, Ontario Court of Appeal, Boland, Dickson, Sanfilippo, Perretta, Brake, Substantive Law: Judicial Decisions


Canada: Ontario Court Of Appeal Clarifies Approach To Assessing Public Correction In Secondary Market Misrepresentation Claims - Osler, Hoskin & Harcourt LLP

The secondary market liability provisions prescribed by the various provincial securities acts set out a framework for recovery of market losses attributable to misrepresentations contained...
Tags: News, Canada, Ontario Court of Appeal, Osler Hoskin, Harcourt LLP


Corporate Directors Dragged Into Wrongful Dismissal Fight

Written by Daniel Standing LL.B., Editor, First Reference Inc. At first glance, Abbasbayli v Fiera Foods Company, 2021 ONCA 95 appears to be concerned mainly with the law around striking pleadings. On further analysis, however, it offers important advice to employers on the matter of personal liability of corporate directors. Background The plaintiff in this lawsuit sued his former employer for wrongful dismissal. Fiera Foods was in the business of selling frozen dough and baked goods. The pla...
Tags: Law, Esa, Court of appeal, Ontario, Daniel, Supreme Court of Canada, Ontario Court of Appeal, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Case Comment, Substantive Law, Joint And Several Liability, Corporate Directors, Wrongful dismissal, Fiera Foods, OBCA


Canada: Ontario Court Of Appeal Upholds $30-million Charter Damages Award Against Ontario For Its Policy Of Solitary Confinement In Jails - Bennett Jones LLP

The Ontario Court of Appeal's decision in Francis v Ontario, 2021 ONCA 197, is a significant new development in the law of Crown liability.
Tags: News, Canada, Francis, Ontario, Ontario Court of Appeal, Ontario Court Of Appeal Upholds


Canada: Who Has You Covered? Ontario Court Of Appeal Narrows The Availability Of Coverage For Cyber Matters Under Traditional Insurance Policies - Siskinds LLP

Insuring your business may be costly, but gaps in your insurance may cost you more. A recent decision from the Ontario Court of Appeal could prevent you from making claims against your insurance...
Tags: News, Canada, Ontario Court of Appeal


Security for Judgment Awarded in Ontario

Civil litigation can be an expensive ordeal. In many circumstances, it’s not entirely clear that either side has the resources to go the full distance for an entire trial, and with competent counsel and reasonable parties, it’s frequently not necessary to do so. For every step along the way though, there are still expenses to be incurred. Rule 56.01 of the Rules of Civil Procedure in Ontario allows a party to see security for costs, typically where another party is ordinarily a resident outside ...
Tags: Supreme Court, Law, CDN, Bbc, Court of appeal, Harper, Ontario, Walker, Phelps, Ontario Court of Appeal, Mooney, Vaccaro, Bell Canada, CCH, Substantive Law: Judicial Decisions, Ontario Inc


Canada: Clarity On The "Data" Exclusion And The Duty To Defend - Strigberger Brown Armstrong LLP

The Ontario Court of Appeal has found that an insurer does not have a duty to defend a privacy class action, or an associated third party claim stemming from the disclosure of an allegedly defamatory report authored by the Family and Children Services of Lanark.
Tags: News, Canada, Ontario Court of Appeal, Armstrong LLP


Canada: Employee Not Entitled To Wrongful Dismissal Damages For Share Bonus (Dividend) During Notice Period, Court Of Appeal Affirms - Affleck Greene McMurtry LLP

The Ontario Court of Appeal affirmed last week its earlier decision in Mikelsteins v. Morrison Hershfield Ltd. that a terminated employee was not entitled to share bonuses during the notice period...
Tags: News, Canada, Ontario Court of Appeal, Affleck Greene McMurtry, Mikelsteins, Morrison Hershfield Ltd


Canada: New Ontario Court Of Appeal Decision Impacts The Scope Of Insurance Coverage For Cyber Matters - McCarthy Tétrault LLP

The Ontario Court of Appeal has, in a recent ruling, significantly narrowed the availability of insurance coverage for cyber matters under traditional insurance policies.
Tags: News, Canada, Ontario Court of Appeal, McCarthy Tétrault LLP, New Ontario Court Of Appeal


Canada: Appellate Court Rules On Cyber Breach Class Action Coverage Dispute - Borden Ladner Gervais LLP

On March 15, 2021, the Ontario Court of Appeal released its decision in Family and Children's Services of Lanark, Leeds and Grenville v. Co-operators General Insurance Company.
Tags: News, Canada, Ontario Court of Appeal, Appellate Court, Borden Ladner Gervais LLP, Children s Services of Lanark Leeds, Grenville v Co


A Peanut Butter Sandwich Is Not Grounds for an Appeal

With all the advertising around personal injury services proliferating, it’s tempting to some plaintiffs to think they can go it alone. The contingency fee alone in such arrangements might provide some financial or monetary incentive to explore such options. As with most legal proceedings though, this is rarely advisable. This was clearly highlighted in a recent Ontario Court of Appeal decision in Jex v. Jiang. The parties conducted a 10 day jury trial, based on a motor vehicle collision on Augu...
Tags: Law, Chalmers, Wong, Ontario Court of Appeal, Jiang, Rosenzweig, Substantive Law: Judicial Decisions, Jex, Zarnett, Issai


Canada: Ontario, Canada Court Of Appeal Confirms Corporate Directors May Face Statutory Claims For Unpaid Wages In Wrongful Dismissal Claims - Littler Mendelson

The Ontario Court of Appeal's (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to make a claim...
Tags: News, Canada, Ontario Court of Appeal, OCA, Littler Mendelson, ONCA, Fiera Foods, Ontario Canada Court, Abbasbayli, Fiera Foods Company


Canada: Ontario, Canada Court Of Appeal Confirms Corporate Directors May Face Statutory Claims For Unpaid Wages In Wrongful Dismissal Claims - Littler - Canada

The Ontario Court of Appeal's (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to ...
Tags: News, Canada, Ontario Court of Appeal, OCA, ONCA, Fiera Foods, Ontario Canada Court, Wrongful Dismissal Claims Littler Canada, Abbasbayli, Fiera Foods Company


What Happened, Before Applying Standard of Care

Negligence is determined by a standard of care that a relevant prudent person would undertake, rather than the results that such a theoretical person would seek to attain or avoid. Although Canada initially inherited the reasonable person standard from England in Vaughn v. Menlove, 1837 132 ER 490, it has developed significantly since that time. It as not, however, made exceptions for mental illness as in Vaughn, but has created a number of other exceptions, most notably for experts and professi...
Tags: England, Supreme Court, Law, Court, Canada, Court of appeal, Kennedy, Sylvester, Lee, Ward, Peters, Bateman, Farrell, Royal Victoria Hospital, Armstrong, Locke


Canada: To Bifurcate Or Not? The Ontario Court Of Appeal Prohibits Appeal On A Preliminary Question Of Jurisdiction - McCarthy Tétrault LLP

In United Mexican States v Burr, 2021 ONCA 64 ("Mexico v Burr"), the Ontario Court of Appeal (the "Court") addressed a nuanced distinction for parties
Tags: News, Mexico, Canada, Burr, Ontario Court of Appeal, United Mexican States, ONCA, McCarthy Tétrault LLP, Burr the Ontario Court of Appeal the Court


Reliance on Unredacted and Undisclosed Materials

Criminal law can be differentiated from civil proceedings, where both sides are obligated to provide all relevant evidence, in that there is an inherent asymmetry in the information the Crown possesses. This is particularly important given the burden of proof that is imposed on the Crown.   The B.C. Court of Appeal stated in R. v. C. (M.H.),  [29] …there is a general duty on the part of the Crown to disclose all material it proposes to use at trial and especially all evidence which may assist th...
Tags: Law, Toronto, Acura, Supreme Court of Canada, Jane, Finch, Ontario Court of Appeal, R, SCC, ITO, Substantive Law: Judicial Decisions, Stinchcombe, Jane Street, Ontario Court of Appeal in R, B C Court of Appeal, Garofoli


Canada: When You Know, You Know: Kaynes V BP P.l.c, 2021 ONCA 36 Confirms How Discoverability Operates In Fraudulent Misrepresentation Claims - Norton Rose Fulbright Canada LLP

In Kaynes v BP p.l.c, 2021 ONCA 36, the Ontario Court of Appeal clarified when a claim for fraudulent misrepresentation is discoverable under the Limitations Act, 2002, S.O. 2002...
Tags: News, Canada, Bp, Ontario Court of Appeal, ONCA, Norton Rose Fulbright Canada LLP, Kaynes


Termination Timing Proves Critical in COVID Climate

By Daniel Standing LL.B., Editor, First Reference Inc. The Ontario Superior Court of Justice’s decision in Yee v Hudson’s Bay Company, 2021 ONSC 387 is welcome news for anyone wondering about COVID-19’s effect on a reasonable notice period. For all of the upheaval that the pandemic has caused, it proved to be of little consequence to the notice owed to a dismissed company executive in this case. Background Melvin Yee worked for Hudson’s Bay Company for almost 12 years until he was dismissed i...
Tags: Law, Holland, Employment law, Globe, Hbc, Daniel, Ontario Court of Appeal, Ontario Superior Court of Justice, Yee, Hudson s Bay Company, Substantive Law: Judicial Decisions, Case Comment, Bardal, Substantive Law, Wrongful dismissal, Termination Notice


Racial Stereotypes as an Aggravating Factor

On Feb. 25, 2021, I provided the keynote speech at Bora Laskin School of Law for Black History Month. I noted that Black History could not be just reduced to slavery, but at the same time the legacy and trauma of that history has significant impacts on our society and justice system today. The Ontario Court of Appeal recently heard an appeal of Justice Nakatsuru’s decision in R. v. Morris, which explored the social circumstances of Black Canadians and its impact on the justice system. Justice Na...
Tags: Supreme Court, Law, Toronto, Canada, Court of appeal, Jackson, Martin Luther King Jr, Black, Ontario, Morris, Kelly, Supreme Court of Canada, Lambert, Armstrong, Danvers, Ontario Court of Appeal


Canada: Handle With Care: Joint Document Books In Civil Trials - WeirFoulds LLP

Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book (JDB) ...
Tags: News, Canada, Ontario Court of Appeal, WeirFoulds LLP


Canada: Expanding Flood Coverage: A Case Commentary Of Le Treport Wedding & Convention Centre Ltd V Co-operators General Insurance Company - Scott Venturo Rudakoff LLP

On February 11, 2021, the Supreme Court of Canada denied Co-operators General Insurance Company's leave to appeal the Ontario Court of Appeal decision in...
Tags: News, Canada, Ontario Court of Appeal, General Insurance Company, Convention Centre Ltd V Co, Supreme Court of Canada denied Co


Canada: Fair Is Fowl And Fowl Is Fair: Implications Of The Ontario Court Of Appeal's Decisions In Subway v CBC - WeirFoulds LLP

The Ontario Court of Appeal recently released two decisions under Ontario's anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, ...
Tags: News, Canada, Ontario, Cbc, Ontario Court of Appeal


Canada: Why Review Your Employment Contracts? - Goldman Sloan Nash & Haber LLP

On June 17, 2020, the Ontario Court of Appeal released its decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. The Court of Appeal for Ontario looked ...
Tags: News, Canada, Ontario Court of Appeal, Haber LLP, Goldman Sloan Nash amp, Court Of Appeal For Ontario, Waksdale, Swegon North America Inc


Canada: Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal - CCPartners

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, "troubling", for employers: Waksdale v Swegon North America Inc., 2020 ONCA 391.
Tags: News, Supreme Court, Canada, Ontario Court of Appeal, Waksdale, Swegon North America Inc


For Crying Out for a Remedy

Lawyers tend to get excited when the courts create a new tort, and for good reason. The judiciary is reluctant to instigate such reform to the common law absent compelling facts, and a strong societal need for them to do so. In Seneca College v. Bhadauria, the Court of Appeal found that a cause of action existed for the tort of discrimination, on the basis that the Ontario Human Rights Code, 18 I regard the preamble to the Code as evidencing what is now, and probably has been for some consid...
Tags: Law, Court, Toronto, Canada, Commission, Court of appeal, Rivers, Tribunal, Ontario, Ward, Legislature, Boucher, Aziz, RCMP, Supreme Court of Canada, Caplan


Canada: Enforceability Of Termination Provisions: Employers Take Note - Norton Rose Fulbright Canada LLP

On January 15, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc.
Tags: News, Canada, Supreme Court of Canada, Ontario Court of Appeal, Norton Rose Fulbright Canada LLP, Waksdale


Canada: Striking Jury Notices During COVID Depends On Local Conditions - Rogers Partners LLP

The Ontario Court of Appeal recently released a decision which shows that striking a jury notice in the context of the COVID-19 pandemic is location-specific and case-specific.
Tags: News, Canada, Ontario Court of Appeal, Rogers Partners LLP


Canada: Subway's $210 Million Chicken Content Defamation Claim Against The CBC Restored By Court Of Appeal - Gardiner Roberts LLP

The Ontario Court of Appeal has restored Subway's defamation action against the CBC which was dismissed in 2019 pursuant to Ontario's anti-SLAPP legislation...
Tags: News, Canada, Ontario, Cbc, Ontario Court of Appeal, Court Of Appeal Gardiner Roberts LLP