Appeal | Judiciary.org

Hourly Wages Plus Productivity Bonuses Survive California Court of Appeal Challenge

Recently, in Mora v. C.E. Enterprises, Inc., the California Court of Appeal upheld a trial court’s decision in favor of an auto dealership alleged to have used an improper “piece rate” or “flag hours” compensation model.

Two former service technicians alleged that the dealership’s compensation system violated requirements for compensating for productive and non-productive time and failed to comply with Labor Code section 226.2. They claimed they were not fully compensated for all hours worked and sought relief under … Read the rest

Supreme Court

Restitution, medical malpractice, and a capital appeal

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

Once again this week, the Supreme Court has been busy sifting through the relists. The court granted review of one of last week’s new relists raising a double jeopardy question about a federal sentencing enhancement for using a firearm during a violent crime. (Grants are now filling in the 2025-26 term, which will … Read the rest

Civil Law

COURT OF APPEAL SUMMARIES (NOVEMBER 11 – 15)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 11, 2024. There were only two substantive decisions.

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Krieser v Seligman was a dispute regarding the construction of a $ 5 million home in Forest Hill that began in 2003 but did not get to trial until 20 years later. The owners were unsuccessful

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Civil Law

COURT OF APPEAL SUMMARIES (AUGUST 5 – AUGUST 9)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 5, 2024.

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T.O. Estate v. D.O. was a family law decision that dealt with debts owing between the spouses and their corporations. At trial, the $ 341,000 debt owing by the wife’s company to the husband was found to be statute-barred. The wife was

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Civil Law

Court of Appeal Summaries (July 1 – July 5)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 1, 2024.

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In the leading decision of the week, Binscarth Holdings LP v. Grant Anthony, the Court made new law in Ontario. It held that limited partners in a limited partnership are entitled to seek leave to commence a derivative action on behalf

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Civil Law

COURT OF APPEAL SUMMARIES (JUNE 3 – June 7)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 3, 2024.

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In RH20 North America Inc. v. Bergmann, the Court upheld the motion judge’s decision striking claims on the basis that they disclosed no reasonable cause of action, and refusing to stay the claim in favour of arbitration. The party moving to

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Civil Law

COURT OF APPEAL SUMMARIES (January 29 – February 5)

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Good evening.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 29, 2024.

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Congratulations to Blaneys’ own Anthony Gatensby and Kathleen Lefebvre who were successful in responding to an appeal about whether a commercial landlord’s insurer was permitted to bring a subrogated claim against its tenant for negligence in causing a fire. The Court affirmed

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Civil Law

COURT OF APPEAL SUMMARIES (January 8 – January 12)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 8, 2024.

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In Zafar v Azeem, the mother’s appeal against a decision that ordered her three-year-old child to return to Pakistan, where the father claimed the child was habitually resident, was allowed. She successfully argued procedural unfairness due to the motion judge’s failure

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