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

Good evening.

There were only two civil decisions summarized this week. Both were procedural in nature, and both were appeals from orders made after adjournment requests were denied. Both appeals were dismissed.

My partner, Lea Nebel, and I are in the process of putting together our roster of speakers for our third annual “Top Appeals” CLE that will be taking place as a dinner program on Monday, February 25, 2019. If you have any suggestions on decisions that were released this past year that you feel we ought to consider for inclusion, please let us know. Stay tuned for more details in the coming weeks.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 12 – 16, 2018)

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

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)

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

Good afternoon,

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

There were not many substantive decisions. Perhaps the most interesting was Am-Stat Corporation v Ontario. In that case, the plaintiff sued the Ontario government for negligence or negligent misrepresentation. The plaintiff alleged that it had partly relied on a corporation profile report to approve a mortgage loan made to a corporation. The report indicated that the purported representative of the borrower who was dealing with the lender was indeed an officer and director of the borrower. It turned out to be a fraud, and the representative had no relationship to the borrower. The plaintiff lost its loan proceeds and sought to recover them from the province. The Court of Appeal upheld the lower court’s decision striking the action as disclosing no reasonable cause of action. The province is not responsible for ensuring the accuracy of the information filed on behalf of corporations. This is a reminder that corporate searches are useful investigative tools and can assist with due diligence during a transaction, but they are not determinative of anything and should not be relied upon.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 29 – NOVEMBER 2, 2018)