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

In a 68-page decision in Carmichael v. GlaxoSmithKline Inc., a tragic case, the Court set out the test for determining whether a limitation period was suspended as a result of the plaintiff’s incapacity under ss. 7(1)(a) of the Limitations Act, 2002.

In Tran v. Bloorston Farms Ltd., the Court reviewed the Rule in Foss v Harbottle, which prohibits a shareholder from suing for damage caused to the corporation. The Court adopted the test set out in a UK House of Lords decision in 2000 for when a shareholder can sue for diminution in value of her shares in a corporation by way of an exception to the Rule.

Other topics covered included:

  1. the enforceability of forum selection and choice of law clauses in a case relating to the unreasonable withholding of consent to assign various leases and credit card agreements in both Ontario and Quebec.
  2. the intersection of condominium and municipal/planning law;
  3. the interpretation of a Tarion Addendum clause in an agreement of purchase and sale of land in the receivership context;
  4. defamation and negligence in respect of withdrawn charges of bid-rigging;
  5. equitable assignments of choses in action in the slip and fall and litigation funding context;
  6. custody in a high-conflict matrimonial dispute;
  7. costs where nominal damages are awarded for breach of Charter rights; and
  8. summary judgment on claims by and against a bank in respect of various credit facilities.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (July 6 – 10, 2020)