April 26, 2023
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 year limitation period. In this case, […]
April 21, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accounting papers and records within it. […]
March 17, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Ontario v. St. Paul Fire and Marine Insurance Company, 2023 ONCA 173. Overview This appeal arose from a coverage application, in which the appellant, His Majesty the King in the Right of Ontario, sought a declaration that […]
March 08, 2023
By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies from the dismissal of their motion […]
March 01, 2023
By Kathryn Orydzuk In the recent decision of the Ontario Court of Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, the Court considered whether an extension of an Order granting interim injunctive relief was appropriate, in the most recent skirmish in the battle over the removal of 11 trees near Osgoode Hall that has […]
February 15, 2023
By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”) as a result of jurisdictional […]