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Good evening.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

In Shah v LG Chem Ltd, the Court of Appeal certified a class action for claims of conspiracy at common law and conspiracy to price fix under the Competition Act, in relation to lithium-ion batteries. The Court determined that the concept of “indeterminate liability” in negligence law should not be imported into the analysis of common conspiracy or Competition Act claims.

In Beaver v Hill, the Court of Appeal, while not disposing of the issue, determined that some Aboriginal and treaty rights may be capable of being asserted by an individual, rather than an Aboriginal community. In this case, the appellant argued that spousal and child support should be decided under his First Nation’s law, not under Ontario’s family law statutes. The issue was remanded to the Superior Court of Justice to be determined on a proper evidentiary record.

Other topics covered this week included a priority dispute between insurers under the Insurance Act in the MVA context, and the ability to claim HST from a customer well after the supply of the good in question. Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 8 – 12, 2018)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions

Good evening.

This was a light week at the Court of Appeal, as there were only three substantive civil decisions.

In Wang v Canada, the Court of Appeal held that habeas corpus applies not only to detention in prison, but in any situation where the applicant’s liberty is curtailed, such as house arrest.

Other topics included a professional negligence claim against a lawyer, a jurisdictional dispute in respect of an oppression claim, a summary judgment for fraud, and an appeal of a jury’s damage award in an MVA trial. Continue Reading BLANEYS APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 1 – 5, 2018)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions

Good evening.

Following are the summaries for the civil decisions released by the Court of Appeal this week.

There were two wrongful dismissal cases this week. One was brought by a physician against Sick Kids Hospital. The Court found against the Hospital and allowed the appeal, remitting the matter back to the Superior Court for a determination of the damages. The second involved the breach of fiduciary duty of a senior officer of a public company who was found to have been self-dealing. The Court confirmed that the breach of fiduciary duty constituted just cause for termination. Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (SEPTEMBER 24 – 28, 2018)