Photo of John Polyzogopoulos

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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario released last week.

There were quite a few lengthy decisions.

Topics covered included:

  1. The availability of specific performance to vendors for the breach of an agreement of purchase and sale of land.
  2. Relief from forfeiture of office for breach of campaign finance spending limits in municipal elections.
  3. Striking pleadings for failure to comply with court orders in the family law context.
  4. Dismissal for delay.
  5. Knowing assistance in breach of fiduciary duty and knowing receipt of trust money.
  6. The test for access in a Crown wardship context.
  7. The ongoing suspension of the running of limitation periods even after a motion to certify a class proceeding is dismissed.
  8. A coverage and bad faith claim against an insurer that refused to pay out on a fire policy that was dismissed following a lengthy and hard-fought jury trial. Issues covered in this lengthy decision included the sufficiency of jury instructions, the availability of relief from forfeiture, and most interestingly, whether substantial indemnity costs were appropriate when allegations of bad faith were not proved (the court determined that the higher scale of costs was not appropriate in this case).

Wishing everyone a Happy Canada Day week!

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (June 22 – 26, 2020)