COURT OF APPEAL SUMMARIES (April 19 – April 23, 2021)

By John Polyzogopoulos on April 25, 2021

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 19, 2021.

In Fercan Developments v Canada, the Court confirmed that the plaintiffs who waited until after criminal and civil forfeiture proceedings were concluded before suing the Crown for malicious prosecution and related torts were entitled to do so on the basis that their claims were not discoverable under the “appropriate means” branch of the discoverability test in ss. 5(1)(a)(iv).

In Law Society of Ontario v Diamond the Court upheld the Law Society’s finding of professional misconduct for failure to cooperate with its investigation.

Other topics covered this week included a priority dispute to the proceeds of sale a matrimonial home between a spouse and a judgment creditor and occupational health and safety.

Our “Top Appeals” of 2020 CLE is finally upon us. Please join us this Tuesday evening, April 27, 2021, from 5:30 to 7:45 pm via Zoom. We are set to have a great turnout. Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider. Following is our excellent slate of decisions and panelists:

2020 Update from the Bench

The Honourable Benjamin Zarnett, Court of Appeal for Ontario

Panel 1 – Advocacy Practice Tips from the Court

Girao v. Cunningham, 2020 ONCA 260

OZ Merchandising Inc. v. Canadian Professional Soccer League Inc., 2020 ONCA 532

Welton v. United Lands Corporation Limited, 2020 ONCA 322

Jordan Goldblatt, Adair Goldblatt Bieber LLP

Sara Erskine, Weintraub Erskine Huang LLP

Panel 2 – Negligently Designed Financial Products – A New Age in Product Liability?

Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337

Seumas Woods, Blake, Cassels & Graydon LLP

Alistair Crawley, Crawley MacKewn Brush LLP