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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)