Photo of John Polyzogopoulos

John Polyzogopoulos

Subscribe to John Polyzogopoulos's Posts

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.

Follow:Read more about John PolyzogopoulosJohn's Linkedin ProfileJohn's Twitter Profile

Good afternoon.

Please find below our summaries of the civil decisions of the Court of Appeal released during the week of July 27 to 31, 2020.

In Manthadi v. ASCO Manufacturing, the Court reviewed in detail the difference between the common law and the Employment Standards Act relating to the determination of whether a party purchasing a business is a successor employer and the proper notice period for wrongful dismissal.

In Le Treport Wedding & Convention Centre Ltd. v. Co-operators General Insurance Company, the Court reviewed in detail the policy wording of an “All risks” insurance policy before determining that a flood arising out of the great Toronto rainstorm of July 8, 2013 was a “flood” within the meaning of the policy.

In M.A.A. v. D.E.M.E. , a child abduction case, the Court reviewed in detail the law relating to the making of a custody and access order under s. 23 of the Children’s Law Reform Act in the context of a refugee claim made by the mother and her children. The Court determined that the application of the international immigration law principle of non-refoulement meant that a removal order under s. 40 of the CLRA could not be made in the face of a pending refugee claim.

Finally, in Arconti v. Fenton, the Court confirmed that a client cannot sue his or her lawyer in negligence after being convicted (in this case, of securities law offences), when their appeal from their conviction on the basis of ineffective assistance of counsel was rejected by the appellate court. To allow such a claim would be an abuse of process and collateral attack on the conviction.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (July 27 – 31, 2020)