Good afternoon.

There was only one substantive decision of the Court of Appeal for Ontario last week.

In a lengthy decision in McEwen (Re) , the Court determined that a panel of the Court had the jurisdiction to review the decision of a single member of the Court sitting in chambers that denied leave to appeal under s. 193(e) of the Bankruptcy and Insolvency Act.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (August 17 – 21, 2020)

Good afternoon.

There were only two substantive civil decisions released by the Court of Appeal for Ontario last week.

Siemon v. Perth Standard Condominium Corporation is a condominium oppression case.

Friends of Toronto Public Cemeteries Inc. v. Public Guardian and Trustee is a costs decision in respect of public interest litigation.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (August 10 – 14, 2020)

Good afternoon.

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 3 to 7, 2020.

Shergar Development Inc. v. Windsor (City) confirms the power of the then OMB to award costs against a party whose land is expropriated when that party fails to accept a reasonable settlement offer made by the expropriating authority and takes unreasonable positions.

In Walia v. 2155982 Ontario Inc., the Court upheld a motion judge’s determination that an interest clause in a mortgage was unenforceable pursuant to section 8 of the Interest Act because the interest rate increased subsequent to default under the mortgage.

Becker v. Walgate deals with the determination of a property line between waterfront properties.

Finally, in Grasshopper Solar Corporation v. Independent Electricity System Operator, a breach of contract case, the Court discusses the doctrines of estoppel by convention and promissory estoppel.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (August 3 – 7, 2020)