Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Monthly Archives: January 2012

U.S. Supreme Court Rules on Enforceability of Arbitration Clauses

Posted in Case Comments, Class Actions, Contracts, Procedure, Torts


The United States Supreme Court has revisited the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue was the remedial legislation entitled Credit Repair Organization Act (“CROA”), which provides consumers with “the right to sue a credit repair organization” that violates the Act.

Continue Reading

OCA to Address Secondary Market Claims Against Foreign-Listed Issuers

Posted in Case Comments, Class Actions, Securities

The Ontario Court of Appeal recently announced that it will hear arguments in Abdula v. Canadian Solar.  The appeal raises the thorny question of when issuers listed solely on foreign exchanges may be sued for secondary market misrepresentations under the Ontario Securities Act.  This marks the first time that the issue will be considered by a Canadian appellate court.

Continue Reading

OCA Recognizes Privacy Tort of Intrusion Upon Seclusion

Posted in Case Comments, Torts

Those of you patiently awaiting the answer to the question posed in my previous post: “Is There a Tort of Invasion of Privacy in Ontario?”, shall wait no longer. The Ontario Court of Appeal has now answered the question with a resounding, albeit slightly qualified “Yes”, in an extremely thorough judgment authored by Sharpe J.A.


In a previous post, I commented on the decision of the motion judge in Jones v. Tsige. The facts of Jones v. Tsige were summarized in my previous post as follows:

Continue Reading

When is it “Not Reasonable” to Deny the Cross-Examination of an Expert?

Posted in Aboriginal, Case Comments, Labour and Employment


Cross-examining experts is the primary way in which competing expert opinions are tested in the adversarial process.

The Alberta Court of Appeal in its recent decision in Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation) recently determined that a decision not to allow a cross-examination may not be reasonable, in particular where without a cross-examination it may be difficult to resolve a difference of opinion between competing experts in a “fair, justified and transparent manner.”

Continue Reading

OCA to Consider Jurisdiction of Superior Court Over Construction-Related Claim Against Municipality

Posted in Case Previews, Class Actions, Construction and Real Estate, Torts


The OCA will soon decide whether the Ontario Superior Court, as opposed to the Ontario Municipal Board, has jurisdiction over a claim by a class of failed businesses against a municipality for damages flowing from a local construction project.


The case involved a construction project by the City of Toronto and the Toronto Transit Commission to replace a streetcar line in the city. The project included enhanced streetscape, the upgrading of water and natural gas mains, and the burial of hydro lines. There was public resistance to the project and a process of public consultation.… Continue Reading