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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.

Good afternoon.

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 3 to 7, 2020.

Shergar Development Inc. v. Windsor (City) confirms the power of the then OMB to award costs against a party whose land is expropriated when that party fails to accept a reasonable settlement offer made by the expropriating authority and takes unreasonable positions.

In Walia v. 2155982 Ontario Inc., the Court upheld a motion judge’s determination that an interest clause in a mortgage was unenforceable pursuant to section 8 of the Interest Act because the interest rate increased subsequent to default under the mortgage.

Becker v. Walgate deals with the determination of a property line between waterfront properties.

Finally, in Grasshopper Solar Corporation v. Independent Electricity System Operator, a breach of contract case, the Court discusses the doctrines of estoppel by convention and promissory estoppel.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (August 3 – 7, 2020)