Lerners LLP appellate lawyer, Brian Radnoff, provides a summary
of Lerners Top 5 Ontario civil appeals decisions from October
1) Georgian Bluffs v. Moyer- This case involves the issue of when
a municipality is liable for the trespass when it attempts to clear
trash from a right of way, the appropriate measure of damages for
the trespass and who should pay the cost of proceeding.
2) McCarthy Tétrault v. Guberman-- This case answers the
question of a client can assess or challenge their lawyers account
when the client agreed to pay the lawyer's account and the
statutory provisions for assessing a lawyer's account do not
3) SA Capital Growth v. Mander- An important appeal for
receivership proceedings. It deals with who is considered an
interested party in a receivership and when parties in receivership
proceedings are entitled to obtain documents, particularly when
they want them for other proceedings.
4) Sazant v. College of Physicians and Surgeons- An important case
for administrative bodies, particularly dealing with professional
regulation. The Court of Appeal determined whether s. 8 of the
Charter (unreasonable search and seizure) applies to investigations
by the College of Physicians and Surgeons and summons powers their
investigators have. The Court of Appeal determined that the summons
power is constitutional.
5) Duchesne v. St. Denis- This is a complicated decision dealing
with a limitation act issue: when a limitation period starts to run
for a minor. The Court deals with the issue of whether two parties
could be added to personal injury litigation and the Court of
Appeal made comments about when a minor discovers a claim for the
purpose of limitation period.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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