Hello again, everyone. Below are summaries of this week’s civil decisions of our Ontario Court of Appeal (non-criminal). Topics covered include: costs on a civil contempt motion, rights of first refusal in commercial leases, interpretation of the Ontario New Home Warranty Plan Act, certification of a securities class proceeding and an action under the Securities
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COURT OF APPEAL SUMMARIES (DECEMBER 1 – 5, 2014)
By John Polyzogopoulos on
Hello again to everyone. Below are summaries of this week’s Ontario Court of Appeal civil decisions (non-criminal). In an interesting Charter decision this week, Tanudjaja v Canada, the Court (2-1) rejected on the basis of justiciability a Charter challenge on whether the Charter guarantees the right to affordable housing. Among other grounds for dismissing…
COURT OF APPEAL SUMMARIES (OCTOBER 20 TO 24, 2014)
By John Polyzogopoulos on
Below are this week’s summaries. Topics include: calculation of damages in the motor vehicle accident context, application of principles of contractual interpretation, dismissal of a class action against the former Nortel, summary judgement motions relating to the Insurance Act and the Statutory Accident Benefits Schedule, court approval of fees charged by a receiver in…