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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 and other business litigation, to estates and matrimonial litigation, and to debtor-creditor and insolvency litigation. John also 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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. The Court released a great number of decisions this week, some of them quite lengthy.

In Das v George Weston Limited, the Court of Appeal upheld a decision of Justice Perrell in which His Honour had dismissed as disclosing no reasonable cause of action a $2 billion class action against Loblaws in relation to the tragic 2013 collapse of the Rana Plaza building in Savar, Bangladesh. That collapse killed or seriously injured over 3,600 people, many of whom worked for Loblaws’ suppliers of its Joe Fresh clothing line.

The Court held that the claims were governed by the laws of Bangladesh and that, as a result, most of the claims were statute-barred as a result of Bangladesh’s Limitations Act, 1908. Furthermore, the Court held that it was “plain and obvious” that the claims that were not statute-barred would fail under Bangladeshi and English tort law. Loblaws, as merely a customer of the garment manufacturers who carried on business in Rana Plaza, simply did not owe a duty to the victims.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (DECEMBER 17 – 21, 2018)

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| Provincial/Regulatory Offences Decisions

Good evening.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario released this past week. The decisions dealt mainly with procedural issues.

Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order), estates (passing accounts by an attorney under a POA), real property (termination of APS of land and 99 year leases contravening the Planning Act), security for costs, appellate jurisdiction and stay pending appeal in the context of vexatious litigants. We also summarized two provincial offences matters this week, as they relate to workplace safety and environmental issues that civil lawyers practicing in those areas will want to be aware of.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (DECEMBER 10 – 14, 2018)