September 09, 2020
By Colleen Mackeigan In a recent decision of the Ontario Court of Appeal (“ONCA”) in Oz Merchandising Inc. v. Canadian Professional Soccer League¸2020 ONCA 532, OZ Merchandising Inc. (“OZ”) was denied leave to submit a 500 page factum, or alternatively a 125 page factum in support of its appeal of the underlying trial decision. Facts […]
September 04, 2020
At our weekly meeting today, Angie Bellehumeur discussed the Court of Appeal’s decision in Le Treport Wedding & Convention Centre Ltd. v Co-operators General Insurance Company, 2020 ONCA 487, which involved an insurance coverage dispute. On July 8, 2013, the Greater Toronto Area (GTA) experienced the most expensive natural disaster the province has ever seen. […]
September 01, 2020
A factum at the Court of Appeal is limited to a maximum of 30 pages. If a party wishes to submit a lengthier factum, leave must be sought from the Court of Appeal. Leave is rarely granted. In OZ Merchandising Inc. v. Canada Professional Soccer League Inc., 2020 ONCA 532, the appellant initially prepared a […]
July 17, 2020
At our weekly meeting, Matthew Umbrio addressed the Ontario Court of Appeal decision of Woods v. Jackiewicz, 2020 ONCA 458. The appellant physician appealed from an award of damages against him for negligent management of a twin pregnancy, following a jury trial. He did not challenge the jury finding that he did not meet the […]
June 15, 2020
The Court of Appeal’s decision in Burns v. RBC Life Insurance Company, 2020 ONCA 347, dealt with a motion decision to strike a statement of claim against two employees of the defendant insurer for disclosing no reasonable cause of action. The plaintiff sued RBC Life in a disability benefits claim. She also sued two RBC […]
June 09, 2020
In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., 2020 ONCA 303, Justice Roberts held that the Court of Appeal has jurisdiction to order a civil appeal to be heard in writing, regardless of whether one of the parties objects. Justice Roberts noted that the Court of Appeal has broad implicit or ancillary jurisdiction to manage […]
