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Good day,

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

The Court released two decisions concerning the fight over the proposed destruction and redevelopment of Glen Abbey Golf Club. In 2018, the Town voted unanimously to reject Clublink’s demolition application for planning and heritage reasons. Clublink attempted to appeal the decision to the Local Planning Appeal Tribunal (LPAT), but the Town argued that it could not because the Town had designated the property as a heritage site. Clublink then obtained a decision from the Superior Court of Justice that it had a right to take its demolition application to LPAT. The Town appealed. In Oakville (Town) v Clublink, the Court ruled that the golf course is a “structure” pursuant to s. 34(1) of the Ontario Heritage Act, meaning that Clublink can appeal its rejected demolition permit to LPAT and the Town is bound by LPAT’s decision. The Town unsuccessfully argued that s. 33 of the OHA applies instead of s. 34, requiring the Conservation Review Board to hold a hearing and produce a report as to whether or not the application should be approved, and the Board’s report is not binding on the Town.

Continue Reading COURT OF APPEAL SUMMARIES (OCTOBER 21 – OCTOBER 25 2019)

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

Good afternoon.

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

In Bancroft-Snell v. Visa Canada Corporation, a five-member panel of the Court of appeal upheld its previous decision in Dabbs v. Sun Life Assurance Company of Canada (1998), 41 OR (3d) 92 (CA), confirming that class members who did not opt out of a class proceeding do not have standing to appeal from an approved settlement. Walmart and Home Depot’s appeals from the settlement in this class action against the banks and credit cards companies was therefore quashed..

Continue Reading COURT OF APPEAL SUMMARIES (OCTOBER 14 – OCTOBER 18 2019)

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

Good afternoon.

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

In McKitty v. Hayani, the court determined that the definition of death at common law includes neurologically determined death (ie. brain death). The other, more common, method of determining death is cardiorespiratory failure (heart stops beating). The Court determined that which of the two criteria for determining death are used by the medical field in making a decision to withdraw mechanical ventilation ought to take into consideration the patient’s religious beliefs. However, in this case, which did not have an adequate evidentiary record and, in any event, was moot, the Court ultimately did not determine whether the doctor’s declaration of the patient as legally dead under the neurological criterion infringed her constitutional rights.

Continue Reading COURT OF APPEAL SUMMARIES (OCTOBER 7 – OCTOBER 11 2019)