U.S. Courts News Reporter
Good evening.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 29, 2024.
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
Good afternoon.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 8, 2024.
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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If anything is clear after Tuesday’s argument in Coinbase v. Bielski, it is that the justices are not going to agree on the answer. The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. So in these cases (proposed class actions against Coinbase, a … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Volodymyr Zelenskyy, the president of Ukraine, has been much in the news for his visit to Washington, D.C., urging greater cooperation with the United States in response to the Russian invasion. But Zelenskyy is not the only Ukrainian leader making an appeal in the U.S. capital. This week, we highlight … Read the rest
Good afternoon.
Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 28, 2022.
In Gefen Estate v. Gefen, an estates case, the Court reiterated that while the quality of evidence may vary depending on a claim, the civil standard of proof will always remain the same: proof on a balance of probabilities. The issues canvassed … Read the rest
Good evening.
Following are this week’s summaries of the civil decisions of the Ontario Court of Appeal for the week of January 17, 2022.
In Walters v. Walters, a wills and estates case, the Court provided a helpful summary of the jurisprudence regarding the requirement of trustees to give effect to a testator’s intentions as ascertained from the language of the will and the surrounding circumstances, including … Read the rest
In the recent OOR determination in the matter of Zaid v. Upland Borough, OOR Dkt. AP 2021-2961 (Dec. 29, 2021), an appeal was rejected as premature in light of not taking into account the days that the government agency was closed due to the Christmas holiday. Thus, the agency’s 5-day period to respond had not expired at the time of the appeal. But the decision allowed for a new appeal to be filed at the appropriate time.
… Read the rest