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.
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