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Judgment Released: March 29, 2012 Link to Judgment.
Under Rule 20, the determination of whether there is a
"genuine issue requiring a trial" is a legal
determination and the standard of review is correctness. This is
also the case on a question of mixed fact and law where it is said
that the motion judge applied an incorrect standard, failed to
consider a required element of a legal test, or any similar error
in principle. If the motion judge correctly applied the legal test,
any factual determinations made by the motion judge will be
reviewed on the deferential standard of palpable and overriding
error.
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Amato v. Welsh, 2013 ONCA 258 marks an interesting development in the law – it suggests the previously inviolable doctrine of absolute privilege which protects lawyers from suit may admit an exception.
As the current trend to self-representation increases, regardless the reason, one must ask if the tradition of lawyers appearing before Courts, above the Ontario Court of Justice, ought to continue the traditional legal wearing of robes.
The Supreme Court of Canada has recently considered when a civil court should bar claims on the basis that the issues in dispute were finally disposed of in a prior administrative proceeding.
A discussion on a recent case where the Supreme Court of Canada granted a leave application in the following case of interest to Canadian businesses and professions.
Many Canadian limitations statutes explicitly state that "no limitation period" is applicable to a proceeding in which the relief sought is a declaratory judgment.
