COURT OF APPEAL SUMMARIES (March 15 – March 19, 2021)

By John Polyzogopoulos on March 19, 2021

Jump To: Table of Contents | Civil Decisions

Good afternoon.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.

Topics covered included insurance coverage and the duty to defend a data breach class action, contempt in a commercial lease/subdivision control matter, the striking of a claim as an abuse of process in a child protection context, the revival of a claim of malicious prosecution against the OSC that had been struck and security for costs in a family law/constructive trust claim.

Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons. Following is our excellent slate of decisions and speakers:

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