Court Of Apeal Summaries (January 4-8, 2021)

• Published date: 13 January 2021
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Court Procedure, Trials & Appeals & Compensation, Real Estate
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Coming out of the holiday season, this past week was a very light week for the Court of Appeal. Only two civil decisions were released, one of them short.

In Oakville (Town) v Sullivan, the Court's first reported decision of 2021, the Court upheld the application judge's ruling that the pool amenities built by the appellants on land subject to a hydro easement was an actionable encroachment. The easement had not been abandoned or partially extinguished and the equitable doctrine of propriety estoppel did not preclude the enforcement of the easement.

Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual "Top Appeals" CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider of Dentons. We are in the process of inviting speakers who participated in the top appeals to be featured, and will be in a position to provide further details about the line-up of cases and panelists shortly. In the meantime, please register for the program by visiting the OBA's website.

Table of Contents

Civil Decisions

Oakville (Town) v. Sullivan, 2021 ONCA 1

Keywords: Real Property, Easements, Propriety Estoppel, Contracts, Interpretation, Building Code Act, 1992, S.O. 1992, c. 23, Fallowfield v. Bourgault (2003), 68 O.R. (3d) 417 (C.A.), Raimondi v. Ontario Heritage Trust, 2018 ONCA 750, Weidelich v. de Koning, 2014 ONCA 736, Hunsinger v. Carter, 2018 ONCA 656, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29, Tessaro v. Langlois, 2019 BCCA 95, Twogee Developments Ltd v. Felger Farming Co Ltd, 2017 ABCA 138, Remicorp Industries Inc. v. Metrolinx, 2017 ONCA 443, Kaiman v. Graham, 2009 ONCA 77, Whitby (Town) v. G & G 878996 LM Ltd., 2020 ONCA 654, Clarke v. Johnson, 2014 ONCA 237

Short Civil Decisions

The Ontario College of Teachers v. Bouragba , 2021 ONCA 8

Keywords: Civil Procedure, Appeals, Jurisdiction, Orders, Final or Interlocutory, Stay Pending Appeal, Courts of Justice Act, ss. 137.1, 137.1(5)

CIVIL DECISIONS

Oakville (Town) v. Sullivan, 2021 ONCA 1

[Trotter, Zarnett and Jamal JJ.A.]

Counsel:

A.G. Formosa and M. N, for the appellants

C.M.K. Loopstra and S.E. Hamilton, for the respondents

Keywords: Real Property, Easements, Propriety Estoppel, Contracts, Interpretation, Building Code Act, 1992, S.O. 1992, c. 23, Fallowfield v. Bourgault (2003), 68 O.R. (3d) 417 (C.A.), Raimondi v. Ontario Heritage Trust, 2018 ONCA 750, Weidelich v. de Koning, 2014 ONCA 736, Hunsinger v. Carter, 2018 ONCA 656, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29, Tessaro v. Langlois, 2019 BCCA 95, Twogee Developments Ltd v. Felger Farming Co Ltd, 2017 ABCA 138, Remicorp Industries Inc. v. Metrolinx, 2017 ONCA 443, Kaiman v. Graham, 2009 ONCA 77, Whitby (Town) v. G & G 878996 LM Ltd., 2020 ONCA 654, Clarke v. Johnson...