Canada: Top 5 Civil Appeals From The Court Of Appeal (January 2016)

Last Updated: January 21 2016
Article by Stuart Zacharias

This month's netletter features appeals involving the nature of a gift given as part of dowry, a bank's knowing assistance in a breach of trust, the interaction between correcting a misnomer and limitation periods, an insurer's duty to defend and the first case in Ontario in which aggregate damages have been awarded in a class action.

1. Abdollahpour v. Banifatemi, 2015 ONCA 834 (Gillese, Blair and Brown JJ.A.), December 2, 2015

2. Carriere Industrial Supply Limited v. Toronto-Dominion Bank, 2015 ONCA 852 (Simmons, van Rensburg and Hourigan JJ.A.), December 7, 2015

3. Stechyshyn v. Domljanovic, 2015 ONCA 889 (Weiler, Pardu and Benotto JJ.A.), December 14, 2015

4. Carneiro v. Durham (Regional Municipality), 2015 ONCA 909 (Strathy C.J.O., LaForme and Huscroft JJ.A.), December 22, 2015

5. Ramdath v. George Brown College of Applied Arts and Technology, 2015 ONCA 921 (Feldman, Cronk and Huscroft JJ.A.), December 24, 2015

1. Abdollahpour v. Banifatemi, 2015 ONCA 834 (Gillese, Blair and Brown JJ.A.), December 2, 2015
It is a custom in Iran for a groom or his family to provide a dowry, or mahr, to the bride. In accordance with this tradition, when their son Reza married the respondent Shakiba Sadat Banifatemi in Ottawa in March, 2012, Sima and Hamid Abdollahpour transferred to Shakiba a fifty percent interest in a home they owned, by way of Deed of Gift.
The marriage dissolved less than two years later, when Shakiba moved out. Reza initiated divorce proceedings.  more...
2. Carriere Industrial Supply Limited v. Toronto-Dominion Bank, 2015 ONCA 852 (Simmons, van Rensburg and Hourigan JJ.A.), December 7, 2015
In this decision, the Court of Appeal considered the doctrines of knowing assistance in a breach of trust and knowing receipt of trust funds.
2026227 Ontario Inc. ("TPC") carried on a payroll processing and payment business and used the Toronto-Dominion Bank to service its clients. 2140074 Ontario Inc. ("TPN"), a wholly owned subsidiary and franchisee of TPC, carried on a similar business. The respondents, Carriere Industrial Supply Limited and Dibrina Sure Benefits Consulting Inc., were representative plaintiffs appointed to represent the interests of several hundred claimants who were customers of TPC and its franchisees and suffered a loss as a result of a breach of trust. more... 
3. Stechyshyn v. Domljanovic, 2015 ONCA 889 (Weiler, Pardu and Benotto JJ.A.), December 14, 2015
In this decision, the Court of Appeal clarified the jurisprudence governing misnomer.
In June, 2006, the appellant, Vladimir Stechyshyn, was struck by a vehicle operated by the respondent. He took down the respondent's license plate number, insurance policy and driver's license information before proceeding to the hospital. At the hospital, the appellant gave the sheet of paper containing the respondent's information to the police officer investigating the accident, whom he believed was named Olson. The paper was not returned to the appellant, however, and he was unable to find the officer prior to leaving the hospital. The appellant later attempted to determine the identity of the respondent, including inquiring with the Toronto Police Service, but was unsuccessful.  more...
4. Carneiro v. Durham (Regional Municipality), 2015 ONCA 909 (Strathy C.J.O., LaForme and Huscroft JJ.A.), December 22, 2015
When Antonio Carneiro Jr. died in a car accident in Pickering, in the Regional Municipality of Durham, his family claimed damages for the alleged negligence of the municipality, the province of Ontario, two individual defendants and Miller Maintenance Limited, which was under contract with Durham to plow its roads in the winter. The plaintiffs alleged that the accident occurred when Carneiro's car slid on an icy road and down a hill, where it collided with vehicles operated by the individual defendants. Their claim listed a number of particulars of negligence against Miller, the municipality and the province, including a failure to keep the road free of ice and snow, inadequate design and construction of the road and failure to close it during a snowstorm. more...
5. Ramdath v. George Brown College of Applied Arts and Technology, 2015 ONCA 921 (Feldman, Cronk and Huscroft JJ.A.), December 24, 2015
In this decision, the Court of Appeal considered the relationship between class actions and consumer protection legislation, and the ability to award aggregate damages to a class of claimants in a consumer protection action. more...

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.

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