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The following are our summaries of this week’s civil decisions of the Ontario Court of Appeal.

In Yip v HSBC Holdings plc, the Court of Appeal upheld the stay of a US$7 billion class action claim for secondary securities market misrepresentation on jurisdictional grounds. The securities at issue were bought by Canadians on foreign exchanges, as they did not trade on a Canadian stock exchange. The Court determined that Ontario securities law did not extend as far as to permit a claim for secondary market misrepresentation under the Securities Act to proceed in Ontario in such circumstances, and therefore upheld the stay of proceedings imposed by the motion judge.

In Malkov v Stovichek-Malkov, the Court of Appeal confirmed that the test for a plaintiff to re-open their case in the context of family law proceedings is as set out in Catholic Children’s Aid Society of Toronto v. M.R., 2014 ONCJ 762.

Other topics covered this week included crown wardship, constructive dismissal, partial summary judgment, unjust enrichment as a result of an overpayment by an insurer, a construction lien action, and a claim for negligent investigation and related torts against the police and Fire Marshall in a case of arson by negligence (the claims were dismissed).

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