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John Polyzogopoulos

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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 over two decades of experience handling a wide variety of litigation matters. John assists clients with matters ranging from appeals, to injunctions, to corporate, partnership, breach of contract, construction, environmental contamination, product liability, debtor-creditor, insolvency and other business litigation. He also handles complex estates and matrimonial litigation involving disputes over property and businesses, as well as professional discipline and professional negligence matters for various types of professionals. In addition, John represents amateur sports organizations in contentious matters, and also advises them in matters of internal governance. John can be reached at 416-593-2953 or jpolyzogopoulos@blaney.com.

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Good afternoon.

Please find below our summaries of the civil decisions released by the Court of Appeal for Ontario during the week of August 24 to 28, 2020. There was a plethora of decisions released.

The headliner last week was undoubtedly Duffy v. Canada (Senate). Senator Duffy was acquitted of criminal charges relating to the scandal surrounding the claiming of expenses relating to his residence and the $90,000 he received from Nigel Wright of the PMO’s office that he used to repay the taxpayers. Senator Duffy sued the Canadian Senate for malicious prosecution and other alleged misfeasance. In a lengthy decision, the Court concluded that the Senate is immune from suit with respect to these issues because of parliamentary privilege. The motion judge’s decision dismissing the claim for want of jurisdiction was therefore upheld.

In Rukavina v. Ottawa (Police Services Board), the Court held that a claim for false arrest and other torts by a former police officer against his police force was not a dispute that was subject to the collective bargaining agreement and was therefore not outside the court’s jurisdiction.

In OZ Merchandising Inc. v. Canadian Professional Soccer League Inc. appellant’s counsel was refused leave to exceed the Court’s 30-page limit for factums in order to file an over 500 page, or in the alternative, a 125 page factum.

Other topics covered included family law (transferring appeal to another court), extension of time to appeal in an OSC matter, vexatious litigants, agreements of purchase and sale of land, child protection, stay of an order for specific performance pending appeal, stay of an order authorizing the destruction of files in the Indian Residential School Settlement and the remedy of a constructive trust in an oppression and breach of fiduciary duty case.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (August 24 – 28, 2020)