April 09, 2021
At our weekly meeting, Athina Ionita discussed the recent decision of the Ontario Court of Appeal in Francis v. Ontario, 2021 ONCA 197. Francis is an appeal arising from a summary judgment motion in a class action commenced against the Province by inmates subject to administrative segregation in Ontario’s correctional institutions. On the summary judgment […]
March 26, 2021
At our weekly meeting, Chris MacDonald discussed a recent decision by the Court of Appeal in Malik v. Nikbakht, 2021 ONCA 176. In this decision, the Court of Appeal considered an appeal brought by the plaintiff, Sarfraz Malik. Mr. Malik appealed a lower court decision where the court held that he was statute barred by […]
February 10, 2021
In normal times, people can walk into a courtroom at the Court of Appeal to watch a hearing, save for limited circumstances. This is part of the “open court” principle. However, due to the pandemic, appeals are being heard remotely by video conference. The Court of Appeal has issued a practice direction stating that members of […]
November 24, 2020
Andrew Yolles was recently published in a two-part series in The Lawyer’s Daily in an article called “SCC decision roadmap to damages in tort for pure economic loss”. Andrew comments on the Supreme Court of Canada’s decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35. Andrew says, “The recoverability in tort of pure […]
October 16, 2020
At our weekly firm meeting, Athina Ionita discussed the Court of Appeal’s decision in Becker v. Toronto (City), 2020 ONCA 607. This appeal addresses how framing the issues at trial influences what issues may be appealed. Further, this decision makes it clear that if counsel believes an issue is relevant to deciding a matter, then […]
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 […]
