Following are our summaries of the civil decisions of the Court of Appeal for Ontario released last week.
There were quite a few lengthy decisions.
Topics covered included:
- The availability of specific performance to vendors for the breach of an agreement of purchase and sale of land.
- Relief from forfeiture of office for breach of campaign finance spending limits in municipal elections.
- Striking pleadings for failure to comply with court orders in the family law context.
- Dismissal for delay.
- Knowing assistance in breach of fiduciary duty and knowing receipt of trust money.
- The test for access in a Crown wardship context.
- The ongoing suspension of the running of limitation periods even after a motion to certify a class proceeding is dismissed.
- A coverage and bad faith claim against an insurer that refused to pay out on a fire policy that was dismissed following a lengthy and hard-fought jury trial. Issues covered in this lengthy decision included the sufficiency of jury instructions, the availability of relief from forfeiture, and most interestingly, whether substantial indemnity costs were appropriate when allegations of bad faith were not proved (the court determined that the higher scale of costs was not appropriate in this case).
Wishing everyone a Happy Canada Day week!