Court Of Appeal Summaries (November 18 – November 22, 2019)

Good Afternoon,

Please find our summaries of the civil decisions of the Court of Appeal for Ontario for the past week. Topics covered included wrongful dismissal, custody/relocation, equalization of net family property, charging orders under the Solicitors Act, rental vehicle insurance coverage.

On Thursday evening, it was my honour and pleasure to chair the 2019 OBA Annual Award of Excellence in Civil Litigation Dinner. Congratulations once again to Guy Pratte, a most deserving and worthy recipient of the Award, and a true gentleman. Thank you to all the dignitaries, judges, special guests and attendees for making it such a worthwhile and fun evening. I hope you all enjoyed the event as much as I did. A special thank you to Terrine Bird, Angela Moutoulas and Adela Mall at the OBA for the great job they did in pulling off such a well-organized and classy event. Finally, thank you to my colleagues at Blaneys for their participation and support. For anyone who is interested in seeing how much fun we all had, the OBA Award Dinner gallery can be viewed here.

John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email

Table of Contents

Civil Decisions

Province Estate v Province, 2019 ONCA 912

Keywords: Family Law, Equalization of Net Family Property, Procedural

Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company, 2019 ONCA 916

Keywords: Torts, Negligence, MVA, Contracts, Car Rental Agreements, Insurance Law, Automobile Insurance, Priority Dispute, Insurance Act, RSO 1990, c 1.8, s 277, Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co., 2016 SCC 37, Enterprise Rent-a-Car Canada Ltd. v Meloche Monnex Financial Services Inc., 2010 ONCA 277

Artichuk-Murphy v Murphy, 2019 ONCA 921

Keywords: Family Law, Custody and Access, Child Support, Fresh Evidence, Gordon v Goertz, [1996] 2 SCR 27, R v Palmer, [1980] 1 SCR 759

Bouchard c Conseil des écoles catholiques du Centre-Est, 2019 ONCA 922

Keywords: Employment Law, Wrongful Dismissal

Robins Appleby LLP v Todd Family Holdings Inc., 2019 ONCA 920

Keywords:Contracts, Debtor-Creditor, Solicitor and Client, Charging Orders, Weenan v Biadi, 2018 ONCA 288, Solicitor's Act, RSO 1990, c S-15, s 34(1)

Short Civil Decisions

Rumanek & Company Ltd. v Abuomar, 2019 ONCA 908

Keywords: Real Property, Partition and Sale, Civil Procedure, Jurisdiction, Partition Act, RSO 1990, c P4, s 7

Jolicoeur v 1154479 Ontario Inc., 2019 ONCA 913

Keywords: Civil Procedure, Simplified Procedure, Jurisdiction

Jamshidi v Dependable Mechanical Systems Inc., 2019 ONCA 923

Keywords: Employment Law, Summary Judgment, Quantum meruit,Wasauksing First Nation et al. v Wasausink Lands Inc. et al(2004), 184 OAC 84 (CA)

Criminal Decisions

R v RS, 2019 ONCA 906 (Publication Ban)

Keywords: Criminal Law, Sexual Assualt, Preliminary Inquiry

R v WCH, 2019 ONCA 910 (Publication Ban)

Keywords: Criminal Law, Sexual Assault, Fresh Evidence

R v E, 2019 ONCA 918 (Publication Ban)

Keywords: Criminal Law, Sexual Offences, Uttering Threats, Sentencing

R v S, 2019 ONCA 914

Keywords: Criminal Law, Trafficking, Canadian Charter of Rights and Freedoms, Section 8

R v S-D, 2019 ONCA 917

Keywords: Criminal Law, Break and Enter, Sentencing, Judicial Notice

R v T, 2019 ONCA 919

Keywords: Criminal Law, Fraud, Forgery, Obstruction of Justice

United States v L, 2019 ONCA 915

Keywords: Criminal Law, Extradition, Trafficking, Extradition Act, SC 1999, c 18, s 57, America v Cavan, 2015 ONCA 664, R v Larabie(1988), 42 CCC (3d) 385 (Ont HC)

Ontario Review Board Decisions

A (Re), 2019 ONCA 907

Keywords: Ontario Review Board, Detention Order

O (Re), 2019 ONCA 911

Keywords: Ontario Review Board, Detention Order

CIVIL DECISIONS

Province Estate v Province, 2019 ONCA 912

[Pepall, Tulloch, and Benotto JJA]

Counsel:

P Ledroit, for the appellant

J Szaefer, for the respondent

Keywords: Family Law, Equalization of Net Family Property, Procedural

facts:

The appellant, JP appeals an order concluding a matrimonial proceeding which provides, among other things, for an equalization payment of $410,000 plus 4% interest per year. In the midst of the proceedings, JP murdered his wife.

issues:

1) Did the lower court proceed in a manner which lacked procedural fairness?

2) Did the trial judge err by relying on a net family property statement that was prepared for a settlement conference?

3) Did the trial judge err by granting an unequal equalization payment?

4) Did the trial judge err by failing to adjust child support and unfreeze the respondent's assets?

holding:

Appeal Dismissed.

reasoning:

1) No. There was no procedural unfairness. The appellant repeatedly disobeyed court orders for child support, non-dissipation, and financial disclosure. He asked for and received ten adjournments. The lack of reasons by the case management judge is immaterial because they can be found in the history of the case and continuing record.

2) No. It was reasonable for the judge in the circumstances to rely on the appellant's sworn net family property statement.

3) No. The decision to award an unequal division of net family property was entirely discretionary and justified.

4) No. There was no basis on which to adjust child support.

Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company, 2019 ONCA 916

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