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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 19, 2021.
In Fercan Developments v Canada, the Court confirmed that the plaintiffs who waited until after criminal and civil forfeiture proceedings were concluded before suing the Crown for malicious prosecution and related torts were entitled to do so on the basis that their claims were not discoverable under the “appropriate means” branch of the discoverability test in ss. 5(1)(a)(iv).
In Law Society of Ontario v Diamond the Court upheld the Law Society’s finding of professional misconduct for failure to cooperate with its investigation.
Other topics covered this week included a priority dispute to the proceeds of sale a matrimonial home between a spouse and a judgment creditor and occupational health and safety.
Our “Top Appeals” of 2020 CLE is finally upon us. Please join us this Tuesday evening, April 27, 2021, from 5:30 to 7:45 pm via Zoom. We are set to have a great turnout. Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider. Following is our excellent slate of decisions and panelists:
2020 Update from the Bench
The Honourable Benjamin Zarnett, Court of Appeal for Ontario
Panel 1 – Advocacy Practice Tips from the Court
Jordan Goldblatt, Adair Goldblatt Bieber LLP
Sara Erskine, Weintraub Erskine Huang LLP
Panel 2 – Negligently Designed Financial Products – A New Age in Product Liability?
Seumas Woods, Blake, Cassels & Graydon LLP
Alistair Crawley, Crawley MacKewn Brush LLP
Elizabeth Bowker, Stieber Berlach LLP
Panel 3 – Developments in Insolvency Law – Priority of Construction Trust Claims and Landlord Claims in Bankruptcy
Ken Kraft, Dentons LLP
Kevin Sherkin, Miller Thomson LLP
D.J. Miller, Thornton Grout Finnigan LLP
There is still time to register for the program by visiting the OBA’s website.
Wishing everyone an enjoyable weekend.