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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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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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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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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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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COURT OF APPEAL SUMMARIES (January 8 – January 12)

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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 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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COURT OF APPEAL SUMMARIES (FEBRUARY 28, 2022 – MARCH 4, 2022)

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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

COURT OF APPEAL SUMMARIES (JANUARY 17-21, 2022)

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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