Lerners LLP Partner, Brian Radnoff, summarizes the Top 5 Decisions from the Ontario Court of Appeal from May 2014.


1. Di Michele v. Di Michele, 2014 ONCA 261 (CanLII) - Court of Appeal speaking to the power of an estate trustee to mortgage property

2. Lavoie v. T.A. McGill Mortgage Services Inc., 2014 ONCA 257 (CanLII) - Ontario Court of Appeal voids a professional liability insurance policy for misrepresentations at the time the policy was arranged.

3. R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc., 2014 ONCA 278 (CanLII) - Ontario Court of Appeal considered which of two Arbitration Acts applied to an arbitration that the parties had undertaken. It mattered because each act had a different limitation period governing when proceedings could be launched in Court to challenge the arbitration decision.

4. Bondy v. London (City), 2014 ONCA 291 (CanLII) - Court of Appeal considered the issues of the standard of care owed by municipalities in relation to road maintenance is elevated in relation to a public highway which has pedestrian traffic. The Court of Appeal found that it was not elevated on that basis.

5. Verch Estate v. Weckwerth [2014] O.J. No. 2092 - The Ontario Court of Appeal considered whether beneficiaries who were not dependents of the testator at the time of his death, and had been excluded from a will could make a claim against the assets of the estate and concluded that there was no moral obligation on the testator to provide for people who were not dependents.

http://lernersappeals.ca/netletters

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.