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Blog April 5, 2017

Gray v. Gray: Appeal De-listed Pending Decision on Motion to Set Aside Order in Family Court

In Gray v. Gray, the Court of Appeal for Ontario de-listed an appeal from the Superior Court of Justice, Family Court Branch (“Family...

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Blog March 29, 2017

Weir’s Construction Limited v Warford: Newfoundland Court of Appeal applies the new Court of Appeal Rules regulating interventions

In Weir’s Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the...

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Osler Update March 29, 2017

Ontario Courts continue to clarify the scope and power of section 99 of the Environmental Protection Act

In Huang v Fraser Hillary’s Limited, 2017 ONSC 1500, the Ontario Superior Court of Justice confirmed that plaintiffs can rely on section 99 of the...

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Blog March 22, 2017

Ellis v Pelley Estate: Newfoundland Court of Appeal clarifies the test for reinstatement under the new Court of Appeal Rules

In Ellis v Pelley Estate, the Newfoundland Court of Appeal clarified the test for reinstatement of an appeal under the new Court of Appeal Rules, NLR...

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Blog March 13, 2017

Chuang and Meridian: Court of Appeal for Ontario Dismisses Motions to Re-Open Appeals

In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals...

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Blog March 10, 2017

Ontario Court of Appeal – New Civil and Criminal Practice Directions

On March 1, 2017, the Court of Appeal for Ontario adopted a new Practice Directions Concerning Civil and Criminal Appeals at the Court of...

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Blog March 8, 2017

Avery v. Pointes Protection Association: Standard of Review on Test for Leave to Appeal to Divisional Court is Same as Standard Applied if Leave is Granted

In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal, the Court...

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Blog February 27, 2017

R. v Shafia: Court of Appeal Applies Stringent Standard for Admitting Fresh Evidence Challenging Jurisdiction of Trial Court

In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court...

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Osler Update February 16, 2017

Defining industry-specific contractual terms: Supreme Court of Canada revisits principles of contractual interpretation

The Supreme Court of Canada’s decision in Sabean v Portage LaPrairie Mutual Insurance Company affirms that the proper approach to contractual...

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Blog February 13, 2017

Skunk v Ketash: Order Dismissing Summary Judgment Motion is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on...

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