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Good afternoon.

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

Off the top, I would like to congratulate our very own Thomas Durcan on successfully representing the respondents in Farmer v. 145 King Street West, 2018 ONCA 525, which resulted in a dismissal of the claim against our clients.

The theme of this week was real property. In an important environmental law decision involving the contamination of lands from dry cleaning solvents, Huang v. Fraser Hillary’s Limited, the Court acknowledged an apparent divergence in the law of nuisance between Canada and England, but confirmed that in the absence of any binding Supreme Court of Canada authority to the contrary, foreseeability is not a necessary element of the tort of nuisance in Canada. The lower court’s decision was upheld and the appeals by both sides were dismissed. This case, along with the Court’s recent decision in Sorbam v. Litwack, 2017 ONCA 850, focuses liability on the polluter, rather than landlords and neighbours through whose lands contamination may pass but who were not themselves the source of the contamination.

Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (JUNE 4 – JUNE 8)