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

Monthly Archives: February 2012

Canadian Contractual Interpretation Law: A New Edition

Posted in Contracts, Features

Canadian Appeals Monitor is proud to announce that the second edition of Canadian Contractual Interpretation Law by Geoff Hall, one of our contributing bloggers, has just been published.

The book is the only text focused on contractual interpretation under Canadian common law, and the new edition includes commentary on contractual interpretation under Quebec civil law. It is a helpful resource for anyone dealing with commerical law issues, including private practitioners and in-house counsel who are responsible for drafting contracts, litigators who deal with contractual interpretation disputes, and judges and arbitrators who hear such cases.

Geoff’s new edition discusses several

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The Backside of a Truckstop: SCC to Rule on Balancing Competing Interests in Nuisance Cases

Posted in Case Previews, Construction and Real Estate, Torts, Transportation

The Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high. The case, alongside Smith v. Inco, is one of two in which the Ontario Court of Appeal has recently dealt comprehensively with the law of nuisance. In Antrim Truck, the Ontario Court of Appeal emphasized the importance of assessing whether a substantial

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BCCA May Consider the Test for Leave to Commence an Action Pursuant to the New Secondary Market Liability Provisions

Posted in Case Comments, Financial Services, Procedure, Torts

The British Columbia Court of Appeal may soon consider the test for a purchaser or vendor in the “secondary market” to obtain leave to commence an action for misrepresentation under Part 16.1 the BC Securities Act.  Leave to appeal has been filed by the plaintiff in Round v. MacDonald, Dettwiler and Associates Ltd.  This will be the first time any court of appeal in Canada will have the opportunity to consider the issue.

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ONCA to Consider Application of Deemed Undertaking Rule to Producing-Party’s Own Lawyer

Posted in Case Comments, Procedure, Professions

In Sobeski v. Mamo, now on appeal to the Ontario Court of Appeal, Justice Perell heard a motion by a defendant in a defamation action for relief from the deemed undertaking rule.


The defendant in the defamation action was a lawyer who, in a previous piece of litigation, had represented the opposing party to the plaintiff in the defamation action. In the defamation action, the plaintiff alleged that the defendant-lawyer had made defamatory remarks about him to the media during the previous litigation. The defendant-lawyer had told the media that the plaintiff’s version of events in the previous

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McCarthy Tétrault to Host Presentation on Recent Landmark Commercial Appeals

Posted in Features, Presentation

On March 7, 2012, our National Appellate Litigation Group will discuss significant commercial appeals recently decided in 2011 or to be decided in 2012.  Tailored  to corporate counsel as well as senior business executives responsible for instructing counsel, our experts will address how these decisions impact various obligations and exposures that are part of everyday business processes and outcomes, both immediately and looking forward.

Featured Cases: 

  • Neil Finkelstein will discuss selected cases currently before the Supreme Court of Canada
  • Dana Peebles will discuss “material misrepresentations” in securities litigation (Sharbern Holding)
  • Geoff Hall will present on pension and insolvency
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ONCA to Consider Whether Non-Party to Arbitration Agreement Can Move to Stay

Posted in Case Comments, Procedure

In Shaw Satellite G.P. (c.o.b. Shaw Direct) v. Pieckenhagen, Perell J. concluded that a defendant who denies that it is a party to an arbitration agreement has no ability to move to stay an action in favour of arbitration pursuant to s. 7 of the Arbitration Act, 1991. In other words, you cannot have your cake and eat it too. The Ontario Court of Appeal will hear the appeal from Perell J.’s decision on March 21, 2012.

Decision Below

Shaw Satellite brought an action against various defendants alleged to have been involved in satellite signal theft. The Shaw

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Rectification of Contracts in Québec: Another Loss for Taxation Authorities and Final Word to be Received from the Supreme Court

Posted in Case Comments, Contracts, Tax

Rachel LaferrièreAs was already mentioned in the previous blog posted on October 25, 2011 by our colleague, Brandon Kain, the Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts in Agence du revenu du Québec vs. Services environnementaux AES Inc. Recently, the Supreme Court of Canada also granted leave to appeal in a second case involving rectification of contracts. The appeal in Riopel c. Agence de revenu du Canada also raises the question as to whether or not Québec law permits the rectification of agreements, in a manner that is retroactively enforceable

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