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 last week’s civil decisions of the Court of Appeal for Ontario.

Topics covered included the following:

  1. Condo law – Responsibility for repairing exclusive use common elements in a condominium under the condominium’s declaration and the Condominium Act, 1998 (unit owners were found responsible for repairing their exclusive use chimneys).
  2. Rights of Way – The scope of a right of way to access a cottage beach (did not include the right to drive a boat to the beach to launch and retrieve it).
  3. Family Law – The limitation period for setting aside a marriage contract (there is no limitation period, since the Court determined that this involves merely seeking a declaration with no consequential relief – in a concurring opinion Brown J.A. agreed on the result but disagreed that there was no applicable limitation period).
  4. Administrative Law – A labour arbitrator had exclusive jurisdiction over disciplinary proceedings against graduate students who were also unionized teaching assistants in respect of the York University strike of 2018. The University had no jurisdiction to discipline the students as a result of specific legislation that ended the strike.
  5. Commercial Leases – A notice of breach and termination need not include a demand for compensation for the breach under ss. 19(1) of the Commercial Tenancies Act. Mere demand for remedying of the breach is sufficient to constitute a valid notice permitting termination and re-entry.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (July 20 to 24, 2020)