Appellate lawyer, Brian Radnoff provides a summary of
Lerners' Top 5 Ontario civil appeals decisions from May,
(1) Rajmohan v. Norman H. Solmon Family Trust, 2014 ONCA 352 - A
decision involving solicitor's negligence required the Ontario
Court of Appeal to consider two issues relevant to limitations -
(i) the doctrine of "fraudulent concealment" and (ii) the
doctrine of "special circumstances."
(2) Mandeville v. The Manufacturers Life Insurance Company, 2014
ONCA 417 - A decision by a trial judge dismissing class
members' claim on the basis that Manulife did not owe them a
duty of care required the Ontario Court of Appeal to consider
whether a company owed a of duty of care to its policyholders in
connection with a legitimate transaction.
(3) Virc v. Blair, 2014 ONCA 392 - Arising out of a motion for
summary judgment under Rule 16 of the Family Law Rules, the Ontario
Court of Appeal considered whether Rule 16 (unlike its Rule 20 of
the Rules of Civil Procedure) precludes the motions judge from
assessing credibility, weighing evidence, or drawing factual
(4) Bulut v. Carter, 2014 ONCA 424 -- A decision by a trial
judge's dismissal of the action against the Carter family,
required the Ontario Court of Appeal to consider two legal issues
(i) the nature of the contractual defence of non est factum; and
(ii) the extent to which legal issues should be set out in
pleadings in order to be arguable by the party advancing
(5) Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 -- A decision
involving the wrongful dismissal in favour of an employee required
the Ontario Court of Appeal to consider employment law and
specifically the law of constructive dismissal and the availability
of aggravated and punitive damages in wrongful dismissal
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).