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
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.
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
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.
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
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.
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.
A recent decision of the Ontario Court
of Appeal, D'Onofrio v. Advantage
Car & Truck Rentals Ltd., 2017 ONCA 5,
asks whether a party who takes "no
position" on a summary judgment
motion is later bound by the motion
judge's findings in the ongoing
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