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

• Published date: 21 April 2021
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Real Estate and Construction, Family and Matrimonial, Compliance, Contracts and Commercial Law, Family Law, Court Procedure, Trials & Appeals & Compensation, Personal Injury, Professional Negligence, Real Estate, Civil Law, Wills/ Intestacy/ Estate Planning
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Good afternoon.

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

Topics covered included inter vivos gifts in an estate matter, repudiation of an agreement for purchase and sale of land, enforcement of a settlement offer in a real estate transaction, and the addition of family law claims in an MVA action after the expiry of the limitation period.

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

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Table of Contents

Civil Decisions

Hannivan v. Wasi, 2021 ONCA 187

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Essential Terms, Repudiation, Domowicz v. Orsa Investments Ltd. (1993), 36 R.P.R. (2d) 174 (Ont. Gen. Div.)

Hayward v. Hayward, 2021 ONCA 175

Keywords: Wills and Estates, Inter Vivos Gifts, Civil Procedure, Procedural and Natural Justice, Pleadings, New Issues, Substantial Indemnity Costs, Limitations Act, 2002, S.O. 2002, c. 24, Rodaro v. Royal Bank of Canada (2002), 59 O.R. (3d) 74, Davies v. Clarington (Municipality), 2009 ONCA 722

Magnotta v. Yu, 2021 ONCA 185

Keywords: Contracts, Real Property, Civil Procedure, Settlements, Offers to Settle, Enforcement, Rules of Civil Procedure, Rule 49, York North Condominium Corp. No. 5 v. Van Horne Clipper Properties Ltd. (1989), 70 O.R. (2d) 317 (C.A.), Milios v. Zagas (1998), 38 O.R. (3d) 218 (C.A.), Srebot v. Srebot Farms Ltd., 2013 ONCA 84

Malik v. Nikbakht, 2021 ONCA 176

Keywords: Torts, Negligence, MVA, Family Law Claims, Civil Procedure, Limitation Periods, Family Law Act, R.S.O. 1990, c. F.3, s. 61, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B., Bazkur v. Coore, 2012 ONSC 3468 (Div. Ct.), Camarata v. Morgan, 2009 ONCA 38, Macartney v. Warner (2000), 46 O.R. (3d) 641 (Ont. CA), Ridel v. Cassin, 2014 ONCA 763

Short Civil Decisions

Lad v. Marcos, 2021 ONCA 183

Keywords: Civil Procedure, Appeals, Jurisdiction, Orders, Final or Interlocutory, Striking Pleadings, No Reasonable Cause of Action, Substantial Indemnity Costs, Rules of Civil Procedure, Rule 21.01(1)(a), Courts of Justice Act, RSO 1990, c. C.43, s. 19(1)(a), Paulpillai Estate v. Yusuf, 2020 ONCA 655, Atlas Holdings v. Vratsidas, 2012 ONSC 1375, Ball v. Donais (1993), 13 OR (3d) 322 (CA)

T.A.W. v. J.C.L., 2021 ONCA 192

Keywords: Family Law, Torts, Fraudulent Misrepresentation, Negligent Infliction of Mental Distress, Unjust Enrichment, Civil Procedure, Transfer to Family Court, Striking Pleadings, No Reasonable Cause of Action, Substantial Indemnity Costs, Rules of Civil Procedure, Rule 21.01(1)(b), Hamilton v. Open Window Bakery Ltd., 2004 SCC 9

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CIVIL DECISIONS

Hannivan v. Wasi, 2021 ONCA 187

[Feldman, Paciocco and Coroza JJ.A.]

Counsel:

D. Bhatia, for the appellant

M.A. De Sanctis, for the respondents

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Essential Terms, Repudiation, Domowicz v. Orsa Investments Ltd. (1993), 36 R.P.R. (2d) 174 (Ont. Gen. Div.)

facts:

In 2017, the parties executed an agreement of purchase and sale (the "APS") whereby the appellant would purchase the respondent's home. The APS was to close in mid-august 2017 and requisitions were to be submitted at the beginning of August. The appellant never submitted any requisitions. On the night before closing, the appellant's lawyer sent a correspondence to the vendor with various concerns, including most notably, that the respondent had failed to comply with a term of the APS concerning a property survey, and as a result, the APS was null and void and the respondent should immediately return the deposit.

The transaction never closed and the respondent's subsequently sold the house to a different buyer for less than the APS price. The respondent brought an action for the difference in purchase price and the appellant counterclaimed for return of the deposit paid...