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 21 – 25, 2019)

By John Polyzogopoulos on January 25, 2019

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

Good evening,

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

Zeppa v Woodbridge Heating & Air-Conditioning Ltd was yet another decision on discoverability. Justice Feldman dissented. The case reviews the discoverability analysis under section 5 of the Limitations Act, 2002 in detail, including the “appropriate means” test, as well as discussing the interplay between the discoverability analysis and fraudulent concealment.

In Welsh v. Ontario, the Court of Appeal held that although it was within Justice Perrell’s discretion to express concerns about the amount of class counsel’s fees, he was not permitted to modify the terms of a negotiated settlement unilaterally, without the consent of the parties and without seeking submissions from the parties on the issue. The motion judge’s decision to require more than a third of class counsel’s fees to be donated to charity was set aside, and the matter was remitted to another judge of the Superior Court.
Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 21 – 25, 2019)