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 (JANUARY 28 – FEBRUARY 1, 2019)

By John Polyzogopoulos on February 1, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal DecisionS

Good evening,

Here are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.

In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. The case reviews the elements for analyzing discoverability under section 5 of the Limitations Act, 2002, including the “appropriate means” test, and discusses what kind of professional relationships may give rise to reasonable reliance.

In McDowell v. Fortress Real Capital Inc., the Court of Appeal overturned in part a motion judge’s decision to strike out the claims of a proposed class proceeding for various allegations of misconduct. In so doing, the Court canvassed the law relating to personal liability for corporate acts, the sealed contract rule and the rights of beneficiaries of a trust to assert the claims belonging to the trustee.Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 28 – FEBRUARY 1, 2019)