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John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014. He is a partner at the firm with almost two decades of experience handling a wide variety of litigation matters. John assists clients with matters ranging from appeals, to injunctions, to corporate, breach of contract, construction, environmental contamination, product liability, debtor-creditor, insolvency and other business litigation. He also handles professional discipline and professional negligence matters, as well as complex estates and matrimonial litigation. In addition, John represents amateur sports organizations in contentious matters, and advises them in matters of internal governance. John can be reached at 416-593-2953 or jpolyzogopoulos@blaney.com.

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Good evening.

There were five substantive civil decisions released by the Court of Appeal for Ontario this week.

Stewart v Toronto (Police Services Board) is another case lingering from the G20 Summit in Toronto in 2010 and it involves the nexus between the common law, the Occupiers’ Liability Act (“OLA”), and the Charter. The Court held that the Toronto Police Service’s actions to make access to the Allan Gardens park conditional upon a bag search was not authorized by either the OLA or the common law and therefore an infringement of s. 2 of the Charter and not saved by s. 1. The OLA only authorizes an occupier (the police, in this case) to take actions to ensure the safety of those entering the premises, but not to exclude entry. While the common law entitles the Crown to withdraw permission from an invitee to be present on its property, the exercise of that power is “subject always to the Charter”. The Court awarded the appellant $500 based upon the four-step framework for Charter damages from Vancouver (City) v Ward.


Continue Reading COURT OF APPEAL SUMMARIES (APRIL 13 – 17, 2020)