Court Of Appeal Summaries (September 4 ' 8, 2023)

• Published date: 11 September 2023
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos and Ines Ferreira

Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of September 4, 2023.

In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.

Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.

Other topics covered this week included anti-SLAPP and dismissal for delay.

Wishing everyone a nice weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Ines Ferreira
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

AssessNet Inc. v. Ferro Estate, 2023 ONCA 577

Keywords: Bankruptcy and Insolvency, Trustees in Bankruptcy, Liability, Causes of Action, Assignments, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, "Appropriate Means", Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 12, Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3, s. 38, Longo v. MacLaren Art Centre, 2014 ONCA 526, Crombie Property Holdings Ltd. v. McColl-Frontenac Inc., 2017 ONCA 16, Housen v. Nikolaisen, 2002 SCC 33, Ridel v. Goldberg, 2019 ONCA 636, Indcondo Building Corporation. v. Sloan, 2010 ONCA 890, Fennell v. Deol, 2016 ONCA 249, Morrison v. Barzo, 2018 ONCA 979, Hryniak v. Mauldin, 2014 SCC 7, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192

Torgersrud v. Lightstone, 2023 ONCA 580

Keywords: Family Law, Domestic Contracts, Setting Aside, Disclosure, Lack of Understanding, Net Family Property, Excluded Property, Inheritances, Family Law Act, R.S.O. 1990, c. F.3, s. 56(4), Webster v Webster (2006), 28 RFL (6th) 79 (Ont SC), Dochuk v Dochuk (1999), 44 RFL (4th) 97 (Ont Gen Div), Demchuk v Demchuk (1986), 1 RFL (3d) 176 (Ont HC)

Short Civil Decisions

Rodger v. London Hydro Inc., 2023 ONCA 578

Keywords: Civil Procedure, Appeals, Dismissal for Delay, Rules of Civil Procedure, Rule 24.01, Dupuis v. W.O. Stinson & Son Limited, 2019 ONSC 5762

Schwartz v. Collette, 2023 ONCA 574

Keywords: Torts, Defamation, Anti-SLAPP, Defences, Courts of Justice Act, RSO, 1990, c c 43, ss 137.1

Fabrikant v. Kelly, 2023 ONCA 579

Keywords: Civil Procedure, Vexatious Litigants, Inherent Jurisdiction, Rules of Civil Procedure, Rule 2.1.01, Visic v. Elia Associates Professional Corporation, 2020 ONCA 690, Scaduto v. Law Society of Upper Canada, 2015 ONCA 733

Bunker v. Veall, 2023 ONCA 583

Keywords: Wills and Estates, Civil Procedure, Jurisdiction, Illegality, Criminal Code, s. 83.03(b)

CIVIL DECISIONS

AssessNet Inc. v. Ferro Estate, 2023 ONCA 577

[van Rensburg, Huscroft and George JJ.A.]

COUNSEL:

P. Waldmann, for the appellant

D. Smith and E. Baron, for the respondents

Keywords: Bankruptcy and Insolvency, Trustees in Bankruptcy, Liability, Causes of Action, Assignments, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, "Appropriate Means", Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 12, Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3, s. 38, Longo v. MacLaren Art Centre, 2014 ONCA 526, Crombie Property Holdings Ltd. v. McColl-Frontenac Inc., 2017 ONCA 16, Housen v. Nikolaisen, 2002 SCC 33, Ridel v. Goldberg, 2019 ONCA 636, Indcondo Building Corporation. v. Sloan, 2010 ONCA 890, Fennell v. Deol, 2016 ONCA 249, Morrison v. Barzo, 2018 ONCA 979, Hryniak v. Mauldin, 2014 SCC 7, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192

FACTS:

The appellant AssessNet Inc. ("AssessNet"), a medical assessment services company, was a creditor of lawyer LF (the "bankrupt"). LF was the principal of a law firm that operated as Ferro & Co. AssessNet supplied medical...