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

Tag Archives: Ontario Court of Appeal

Piercing the corporate veil may be easier than you think

Posted in Case Comments, Contracts, Corporate Law

How do corporate and personal liability intersect in a corporation that has only one officer, director and shareholder?  In the recent Shoppers Drug Mart v. 6470360 Canada Inc. case, the Court of Appeal helped to clarify when the person behind the corporation will be found liable. Background In October 2005, Shoppers Drug Mart (“Shoppers”) contracted… → Read More

The Final Word (Again?) On Limitation Periods for Securities Class Actions

Posted in Case Comments, Class Actions, Securities

The Ontario Court of Appeal’s decision in Green represents yet another plaintiff-friendly class action development from the Canadian courts, this time in the context of limitation periods.  Less than two years after its watershed decision in Timminco, Ontario’s highest court reversed itself and in a decision authored by Feldman J.A. re-cast the limitation period regime… → Read More

SHOTGUN! You should know this before triggering a buy-sell provision

Posted in Case Comments, Contracts

The following post on the Canadian M&A Perspectives blog may be of interest to readers of this blog: SHOTGUN! You should know this before triggering a buy-sell provision. On November 29, 2013, the Ontario Court of Appeal released its decision in Western Larch Limited v. Di Poce Management Limited, 2013 ONCA 722 with important lessons… → Read More

Summary Judgment: Come One, Come All

Posted in Procedural Rights, Procedure

This article by Sarit Batner, Moya Graham and Brandon Kain may be of interest to readers of this blog: Summary Judgment: Come One, Come All The Supreme Court of Canada released two decisions today that will make summary judgment more widely available to parties. The reasons in Hryniak v. Mauldin, 2014 SCC 7 and Bruno Appliance and Furniture,… → Read More

The Burden of Proof to Rectify a Contract: The Ordinary Civil Standard Applies

Posted in Case Comments, Contracts

The issue Rectification is an important equitable doctrine allowing courts to rewrite contracts that erroneously record the agreement reached by the parties.  The basic requirements for rectification are well settled.  Where there is a mutual mistake, the party seeking rectification must show (i) that the parties had a common continuing intention prior to the making… → Read More

When is a Quistclose trust not a Quistclose trust? When you call it a “debt”

Posted in Aboriginal, Bankruptcy and Debt, Case Comments, Contracts

In Ontario (Training, Colleges and Universities) v. Two Feathers Forest Products LP, 2013 ONCA 598, the Ontario Court of Appeal granted the appeal of an interim receiver, Pricewaterhousecoopers Inc., from a Superior Court of Justice decision where grant funds that were advanced by the respondent, Ontario’s Minister of Training Colleges and Universities (the “Ministry”), to… → Read More

The Second Opinion: Appeal Court Addresses Thorny Limitation Period Issues Regarding Anticipatory Breaches of Contract

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

When does the limitation period begin to run for an anticipatory breach of contract?  Does the limitation period commence as soon as the guilty party indicates that it will breach a future obligation?  Or can the innocent party safely assume that that the limitation period does not run until the time comes for the performance… → Read More

The Second Opinion: Appeal Court Clarifies the Contours of the Tort of Misfeasance in Public Office

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Are policy decisions made by the government beyond the reach of the tort of abuse of public office?  A recent decision of the Ontario Court of Appeal provides a nuanced answer to this question. The pertinent facts of the decision in Trillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683 are as follows. … → Read More

Suspension Denied: ONCA Confirms that Automatic Stay Pending Appeal does not Suspend the Limitation Period

Posted in Bankruptcy and Debt, Case Comments, Procedure

The recent decision of the Ontario Court of Appeal in msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550 (“msi Spergel”) confirms that the Court will not suspend, extend or otherwise vary the general two-year limitation period under the Limitations Act, 2002 (the “Limitations Act”) unless there is express statutory authority… → Read More

Court of Appeal to Revisit Overtime Class Action Certification

Posted in Case Comments, Class Actions, Labour and Employment

The Ontario Court of Appeal recently decided it will hear the appeal in Brown v. Canadian Imperial Bank of Commerce, the Divisional Court’s decision affirming Strathy J.’s denial of certification in a proposed “misclassification” overtime class action which we blogged about in the spring. The leave decision represents an unexpectedly quick return of overtime class… → Read More

The Second Opinion: Ontario Court of Appeal Decisions on Distracted Driving Could Hurt Development of Connected Cars

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Last week was an exciting week for those who monitor developments in technology and the law. First, a Canadian telecom company announced it had struck a deal to introduce wireless internet service for Canadian cars. Then, the next day, the Ontario Court of Appeal released two companion decisions that added some oomph to Ontario’s distracted driving laws –… → Read More

Buyer & Seller Beware: Zoning Irregularities in Real Estate Transactions Across the Country

Posted in Case Comments, Construction and Real Estate, Contracts

In decisions recently released from the Ontario Court of Appeal and the British Columbia Court of Appeal, the courts identify which party bears the burden when zoning irregularities materialize following the close of a real estate transaction. In Lee v. 1435375 Ontario Ltd., the purchaser of a dry cleaning business was prohibited from relying upon… → Read More

The Second Opinion: Ontario Court of Appeal Rejects “Single Publication” Rule

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Should identical defamatory articles, one published in a magazine and the other on the Internet, be treated differently for the purposes of limitation periods? Should each be treated as a separate libel, or do they both constitute a single libel? The Ontario Court of Appeal recently weighed in on these questions, leaving the former open,… → Read More

Court of Appeal Accepts Ontario Jurisdiction Despite Forum Selection Clause for Germany

Posted in Case Comments, Conflict of Laws, Contracts, Torts

During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court’s judgments in Van Breda, Black, and Éditions Écosociété (the “Van Breda Trilogy”). The Van Breda Trilogy was the Supreme Court’s long anticipated reformulation of the common law principles of private international law. Since the release of the Van Breda Trilogy,… → Read More

The Second Opinion: A Trap for the Unwary – The Ontario Court of Appeal Addresses the Limitation Period for Contractual Indemnification Claims

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Imagine the following scenario. Party A contractually agrees to indemnify Party B against claims by third parties. Both Party A and Party B are then sued by Party C. Party B settles the claim with Party C and then seeks indemnification from Party A. Party A refuses to indemnify Party B. What limitation period applies… → Read More

A Little Less Above the Law? Crown Immunity in Lantheus Medical Imaging Inc. v. Atomic Energy of Canada Ltd.

Posted in Administrative, Case Comments, Manufacturing, Regulatory

Citing the “modern legislative trend” towards “putting the Crown on an equal footing with everyone else”, the Ontario Court of Appeal recently overturned an application judge’s granting of legal immunity to a Crown agent. The Appellate Court held that Atomic Energy of Canada Ltd. (“AECL”), a federal Crown corporation and Crown agent, is not immune… → Read More

The Second Opinion: Absolute Privilege for Lawyers Not So Absolute

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Amato v. Welsh, 2013 ONCA 258 marks an interesting development in the law – it suggests the previously inviolable doctrine of absolute privilege which protects lawyers from suit may admit an exception. The Court of Appeal upheld the decision of the lower court, saying that it is possible that a court could find that the… → Read More

This Week at the SCC (05/04/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in This Week at the SCC

This week, the Supreme Court issued two judgments of interest to Canadian businesses and professions. In Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, the Court reaffirmed the test for the exercise of discretion in applying issue estoppel. In Ediger v. Johnston, 2013 SCC 18 , a medical malpractice case, the Court discussed the standard… → Read More

The Second Opinion: Can a Non-Contracting Party Sue for Breach of Contract? The Ontario Court of Appeal Addresses the Doctrine of Privity

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

When can a person who is not a formal party to a contract sue for its breach? The Ontario Court of Appeal grappled with this and related privity issues in its recent decision in Brown v. Belleville (City), 2013 ONCA 148. The facts of the decision in Brown are, briefly, as follows. The Township of… → Read More

What’s the Value of a Truck Stop Without Any Trucks? Supreme Court Addresses Nuisance Claims in Public Projects

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

In a new decision, the Supreme Court of Canada has provided guidance on when compensation might be due in cases of nuisance caused by public infrastructure projects.  The Antrim decision is relevant not only for those involved in the management of public projects, but it also shapes the more general law of nuisance, especially in… → Read More

The Second Opinion: Can Inaction Equal Acceptance? The Ontario Court of Appeal Clarifies the Principles of Contractual Repudiation

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Does silence and inaction in the face of a contractual breach constitute acceptance of the contractual repudiation?  This is the issue which confronted the Ontario Court of Appeal in its recent decision in Brown v. Belleville (City). The facts of the decision in Brown are, briefly, as follows.  Decades ago, the Township of Thurlow, which… → Read More

The Second Opinion: Ontario Court of Appeal limits reach of worker safety legislation with new test for reportable injuries

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

“Sometimes a swimming pool is just a swimming pool.” With that pronouncement, the Ontario Court of Appeal righted what it described as the “absurd” result of a literal interpretation of worker safety legislation that saw a resort sanctioned for failing to report to the Ministry of Labour the death of a guest in its swimming… → Read More

The Second Opinion: Restrictive Covenants at the Ontario Court of Appeal

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Competition, Contracts, Corporate Law, The Second Opinion

The Ontario Court of Appeal has released an important new judgment concerning the enforceability of restrictive covenants: Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72.  The decision provides guidance about when a restrictive covenant will be unenforceable owing to its duration and the scope of its prohibited activities, and suggests that a different test for unenforceability… → Read More