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.

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Good evening.

Following are the summaries of this week’s civil decisions of the Court of Appeal for Ontario. This was an interesting week.

I would first like to congratulate two of our lawyers, Margaret Rintoul and Aly Virani, on their successful appeal in Kilitzoglou v. Cure. The Court followed the reasoning that has developed in the cases following Satva Corp. v. Creston Moly Corp. primarily in terms of clarifying the “factual matrix” that a judge may apply in the interpretation of a contract.  In this case, a rather broad interpretation by the trial judge of the facts surrounding the making of a domestic contract was held to be a flawed interpretation that contravened the actual language of the contract.  Overall, the message from the decision is a reaffirmation that the actual clear wording of a contract trumps the factual matrix and any speculation as to an intention contrary to the wording of a contract.Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 5 – 9, 2018)