Court Of Appeal Summaries (February 22 ' February 26, 2021)

Published date02 March 2021
Subject MatterCorporate/Commercial Law, Government, Public Sector, Litigation, Mediation & Arbitration, Family and Matrimonial, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Family Law, Constitutional & Administrative Law, Arbitration & Dispute Resolution, Court Procedure, Trials & Appeals & Compensation, Securities, Civil Law
Law FirmBlaney McMurtry LLP
AuthorMr John Polyzogopoulos

Good afternoon,

Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.

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There was only one substantive civil decision of any length released this week. In Rusinek, the Court refused to allow the trustee in bankruptcy to bring a claim for equalization of net family property against the bankrupt's spouse. The bankrupt husband did not make such a claim before filing an assignment in bankruptcy. While an equalization claim made by a spouse before they become a bankrupt is property that vests with the trustee which the trustee can pursue, the Court found that s. 7(2) of the Family Law Act precludes a trustee from commencing an equalization claim for the first time after the bankruptcy.

Other topics addressed this week included social host liability and interveners.

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 myself and Chloe Snider of Dentons. Following is our excellent slate of decisions and speakers:

2020 Update from the Bench

The Honourable Benjamin Zarnett, Court of Appeal for Ontario

Panel 1 - Advocacy Practice Tips from the Court

Girao v. Cunningham, 2020 ONCA 260

OZ Merchandising Inc. v. Canadian Professional Soccer League Inc., 2020 ONCA 532

Welton v. United Lands Corporation Limited, 2020 ONCA 322

Jordan Goldblatt, Adair Goldblatt Bieber LLP

Sara Erskine, Weintraub Erskine Huang LLP

Panel 2 - Negligently Designed Financial Products - A New Age in Product Liability?

Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337

Seumas Woods, Blake, Cassels & Graydon LLP

Alistair Crawley, Crawley MacKewn Brush LLP

Elizabeth Bowker, Stieber Berlach LLP

Panel 3 - Developments in Insolvency Law - Priority of Construction Trust Claims and Landlord Claims in Bankruptcy

Urbancorp Cumberland 2 GP Inc. (Re), 2020 ONCA 197

7636156 Canada Inc. (Re), 2020 ONCA 681

Ken Kraft, Dentons LLP

Kevin Sherkin, Miller Thomson LLP

D.J. Miller, Thornton Grout Finnigan LLP

In the meantime, please register for the program by visiting the OBA's website.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email&gt Table of Contents

Civil Decisions

Baldwin v. Imperial Metals Corporation, 2021 ONCA 114

Keywords: Securities, Civil Procedure, Appeals, Interveners, Rules of Civil Procedure, Rule 13.02, Securities Act, ss. 138.3(1), ss. 138.8(1), Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164 (C.A.), Stadium Corp. of Ontario Ltd. v. Toronto (City), [1992] O.J. No. 1574 (Div. Ct.), rev'd on other grounds, 12 O.R. (3d) 646 (C.A.), Nakonagos v. Humphrey, [1996] O.J. No. 2002 (Gen. Div.), Peixeiro v. Haberman, [1994] O.J. No. 2459 (Gen. Div.), Dunkin' Brands Canada Ltd. v. Bertico inc., 2013 QCCA 867, Raibex Canada Ltd. v. ASWR Franchising Corp., 2017 CarswellOnt 21537

Rusinek & Associates Inc. v Arachchilage, 2021 ONCA 112

Keywords: Family Law, Equalization of Net Family Property, Bankruptcy and Insolvency, Property of the Bankrupt, Constitutional Law, Doctrine of Paramountcy, Civil Procedure, Appeals, Jurisdiction, Family Law Act, R.S.O. 1990, c. F.3, ss 5 & 7, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss 2, 40, 67, 71, 72 & 193, Courts of Justice Act, R.S.O. 1990, c. C.43, s 6, Rules of Civil Procedure, Rule 14.05(3)(d), The Saskatchewan Insurance Act, R.S.S. 1978, c. S-26, as repealed by The Insurance Act, S.S. 2015, c. I-9.11, s. 11-1, Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, Meisels v. Lawyers Professional Indemnity Company, 2015 ONCA 406, Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701, Blowes v. Blowes (1993), 16 O.R. (3d) 318 (C.A.), Green v. Green, 2015 ONCA 541, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, Jackson v. Stephen Durbin and Associates, 2018 ONCA 424, R. v. Stipo, 2019 ONCA 3, Rawluk v. Rawluk, [1990] 1 S.C.R. 70, Saulnier v. Royal Bank of Canada, 2008 SCC 58, Rondberg Estate v. Rondberg Estate (1989), 62 D.L.R. (4th) 379 (Ont. C.A.), Alberta (Attorney General) v. Moloney, 2015 SCC 51

Pipitone v D'Amelio, 2021 ONCA 115

Keywords: Family Law, Spousal Support, Separation Agreements, Setting Aside

Jonas v Elliott, 2021 ONCA 124

Keywords: Torts, Negligence, Occupiers' Liability, Social Host Liability, Duty of Care, Reasonable Foreseeability, Civil Procedure, Partial Summary Judgment, Occupiers' Liability Act, R.S.O. 1990, c. O.2

Short Civil Decisions

Kenora-Rainy River Districts Child and Family Services v. K.R., 2021 ONCA 123

Keywords: Family Law, Child Protection, Civil Procedure, Disclosure, Appeals, Jurisdiction, Final or...

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