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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BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (MARCH 4 – 8, 2019)

By John Polyzogopoulos on March 8, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board

Good evening.

There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

In Lascaris v B’nai Brith Canada, 2019 ONCA 163, the Court clarified that on a motion to dismiss under s. 137.1 of the Courts of Justice Act, the responding party’s burden under s. 137.1(4)(a)(ii) is to show that it is possible that a defence would not succeed as opposed to showing that a defence has no hope of success. In applying this standard, the Court reversed the motion judge’s dismissal of the defamation action.
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