Good afternoon.
Please find below our summaries of last week’s civil decisions of the Court of Appeal for Ontario.
In a 68-page decision in Carmichael v. GlaxoSmithKline Inc., a tragic case, the Court set out the test for determining whether a limitation period was suspended as a result of the plaintiff’s incapacity under ss. 7(1)(a) of the Limitations Act, 2002.
In Tran v. Bloorston Farms Ltd., the Court reviewed the Rule in Foss v Harbottle, which prohibits a shareholder from suing for damage caused to the corporation. The Court adopted the test set out in a UK House of Lords decision in 2000 for when a shareholder can sue for diminution in value of her shares in a corporation by way of an exception to the Rule.
Other topics covered included:
- the enforceability of forum selection and choice of law clauses in a case relating to the unreasonable withholding of consent to assign various leases and credit card agreements in both Ontario and Quebec.
- the intersection of condominium and municipal/planning law;
- the interpretation of a Tarion Addendum clause in an agreement of purchase and sale of land in the receivership context;
- defamation and negligence in respect of withdrawn charges of bid-rigging;
- equitable assignments of choses in action in the slip and fall and litigation funding context;
- custody in a high-conflict matrimonial dispute;
- costs where nominal damages are awarded for breach of Charter rights; and
- summary judgment on claims by and against a bank in respect of various credit facilities.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email
Continue Reading COURT OF APPEAL SUMMARIES (July 6 – 10, 2020)