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Good afternoon,

As everyone will have heard by now, the Court of Appeal stayed Justice Belobaba’s decision in Toronto (City) v. Ontario (Attorney General) in which he had determined that the government’s plan to reduce the number of wards from 47 to 25 in the middle of the election cycle was unconstitutional.

In very brief reasons, the Court found that Justice Belobaba’s decision was likely wrong, and that there was nothing unconstitutional about the government’s actions. Accordingly, the lower court decision was stayed and the election can proceed with 25 wards. The government was spared having to invoke the notwithstanding clause.

Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (SEPTEMBER 17 – 21, 2018)

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

Good afternoon,

Following are the summaries for the few civil decisions released by the Court of Appeal this week.

Topics covered included trespass by an owner’s invitees over lands that were subject to a right of way granted by the owner to the plaintiff, stay pending appeal in the context of the ongoing administration of the residential schools settlement, appealing a judgment for breach of a commercial lease on the basis of fresh evidence (the landlord re-letting the property shortly after judgment, resulting in over-compensation), mental distress damages for negligence claims, jurisdiction and attornment in a custody dispute, and abuse of process in the context of requesting a reconsideration of an appeal. Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (SEPTEMBER 10 – 14, 2018)

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

Good afternoon.

With this edition of our summaries of the civil decisions of the Court of Appeal for Ontario, I am pleased to be launching our firm’s newly redesigned blog, now known as “Blaneys Appeals”.

As you will see, our blog features a brand new look, more information and a fully responsive layout for all platforms (desktop, laptop, tablet or smartphone). All of our content dating back to the blog’s inception in June 2014 has been imported into our new site. We hope you will find the new blog easier to navigate and that you will be able to search and find previously summarized decisions more quickly.

Turning then to our summaries for the week, I would first like to congratulate our partner, Colin Empke, on his successful appeal on behalf of our client in Nasr Hospitality Services Inc. v Intact Insurance. In yet another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations between parties do not toll the limitation period within the meaning of that subsection. The Court set aside the motion judge’s decision and dismissed the action against our client as being out of time.

Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (SEPTEMBER 4 – 7, 2018)