September 06, 2023
By Nasra Esak In Sase Aggregate Ltd. v. Langdon, 2023 ONCA 554, the Court of Appeal considered a defrauded company’s attempt to recover stolen funds not from the employee who committed the fraud, but from the employee’s spouse. The case recognizes the significance of proper tracing, knowledge, and the application of identifying constructive trusts. Background […]
September 01, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Divisional Court in Corion v. Plummer, 2023 ONSC 3249. Overview The Divisional Court heard an appeal of a Small Claims Court trial decision dismissing a defamation action brought by the appellant. The decision provides insight into how courts determine whether a statement […]
August 19, 2023
At our weekly meeting, Megan Chan discussed the recent decision of the Ontario Court of Appeal in Ahluwalia v. Ahluwalia, 2023 ONCA 476. Overview: The Ontario Court of Appeal has overturned the Superior Court’s decision, in which the new tort of family violence was established. The Court of Appeal found that while intimate partner violence […]
July 05, 2023
By Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in The Dominion of Canada General Insurance Company v. Nelson, 2023 ONSC 386. This decision addresses the issues of jurisdiction and judicial review in the appraisal process. Context In October 2017, the Respondent’s home was destroyed in a fire. The Respondent (the […]
June 09, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Court of Appeal in Bothwell v. London Health Sciences Centre, 2023 ONCA 323. Overview: The Court of Appeal considered the test for a compensable psychological injury and whether feelings of shock, frustration, and anger meet this test. Background Facts and Legislative History: […]
June 07, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in Jakab v. Clean Harbors Canada Inc., 2023 ONCA 377. The decision revisits the basics of contractual interpretation and the elements of negligent misrepresentation. Context The appellants, Mr. Jakab and Ontario Heavy Express Ltd. (a corporation wholly owned by Mr. Jakab) owned a […]
