Court Of Appeal Summaries (May 17-21, 2021)

• Published date: 25 May 2021
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Real Estate and Construction, Family and Matrimonial, Family Law, Constitutional & Administrative Law, Arbitration & Dispute Resolution, Court Procedure, Trials & Appeals & Compensation, Human Rights, Real Estate, 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 for the week of May 17, 2021.

Topics covered this week included the calculation of damages for breach of an agreement of purchase and sale of land, leave to appeal from a provincial offences conviction against a Town under the Endangered Species Act, striking frivolous and vexatious claims, commercial lease renewals, stay pending appeal, hearings in the absence of a party, and the capacity to execute powers of attorney.

Wishing everyone an enjoyable Victoria Day long weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Fitzgerald v Reaume, 2021 ONCA 330

Keywords: Administrative Law, Judicial Review, Duty of Fairness, Human Rights Tribunal of Ontario, Right to Health, Civil Suit Against Administrative Actors, Immunity, Summary Disposition, Disposition Without Submissions, Improper Pleadings, Frivolous and Vexatious Pleadings, Rules of Civil Procedure, rule 2.1.01, Crown Liability and Proceedings Act, Limitations Act, Visic v. Elia Associates Professional Corporation, 2020 ONCA 690

Ontario (Natural Resources and Forestry) v South Bruce Peninsula (Town), 2021 ONCA 332

Keywords: Environmental Law, Provincial Offences, Regulatory Offences, Endangered Species, Civil Procedure, Leave to Appeal, Questions of Law, Public Interest, Administration of Justice, Expert Evidence, Endangered Species Act, 2007, S.O. 2007, c. 6, ss. 10(1), Provincial Offences Act, s. 139, White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, R. v. Castonguay Blasting, 2011 ONCA 292, Ontario (Labour) v. Sudbury (City), 2019 ONCA 854, R. v. Hicks, 2014 ONCA 756

Datta v Eze, 2021 ONCA 340

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Remedies, Rescission, Specific Performance, Damages Civil Procedure, Summary Judgment, References, Appeals, New Issues on Appeal, Semelhago v. Paramadevan, [1996] 2 S.C.R. 415, 7550111 Canada Inc. v. Charles, 2020 ONCA 386

Spadacini Kelava v Kelava, 2021 ONCA 345

Keywords: Family Law, Matrimonial Home, Civil Procedure, Stay Pending Appeal, Arbitration Act, 1991, S.O. 1991, c. 17, ss. 45(2), (3) and (6), RJR - MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.)

Short Civil Decisions

Zakhour v Nayel, 2021 ONCA 339

Keywords: Family Law, Spousal Support, Equalization of Net Family Property, Civil Procedure, Summary Judgment, Jurisdiction, Family Law Act, R.S.O. 1990, c. F.3, Okmyansky v. Okmyansky (2007), 86 O.R. (3d) 587 (C.A.)

Asghar v Toronto (Police Services Board), 2021 ONCA 338

Keywords: Civil Procedure, Appeals, Extension of Time, Orders in Chambers, Motion to Review Order, Production of Documents, Standard of Review, Striking Pleadings, Frivolous, Vexatious, Abuse of Process, Rules of Civil Procedure, Rule 2.1, Machado v. Ontario Hockey Association, 2019 ONCA 210, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic

ElZayat v Ontario (Ombudsman), 2021 ONCA 336

Keywords: Civil Procedure, Summary Judgement, Procedural and Natural Justice, Hearing in Absentia

Lockhart v Lockhart, 2021 ONCA 329

Keywords: Wills and Estates, Powers of Attorney for Property, Powers of Attorney for Personal Care, Capacity, Health Care Consent Act, 1996, S.O. 1996, c.2, Sched. A, Substitute Decisions Act, 1992, S.O. 1992, c. 30, s. 2(3)

Horn Ventures International Inc. v. Xylem Canada Company
(ITT Canada Ltd.), 2021 ONCA 341

Keywords: Contracts, Real Property, Commercial Leases, Obligation to Purchase, Standard of Review, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, [2014] 2 S.C.R. 633

CIVIL DECISIONS

Fitzgerald v Reaume, 2021 ONCA 330

[Juriansz, Huscroft and Jamal JJ.A.]

COUNSEL:

M.N. Bergman, for the appellant

T. Guy, for the respondent

Keywords: Administrative Law, Judicial Review, Duty of Fairness, Human Rights Tribunal of Ontario, Right to Health, Civil Suit Against Administrative Actors, Immunity, Summary Disposition, Disposition Without Submissions, Improper Pleadings, Frivolous and Vexatious Pleadings, Rules of Civil Procedure, rule 2.1.01, Crown Liability and Proceedings Act, Limitations Act, Visic v. Elia Associates Professional Corporation, 2020 ONCA 690

FACTS:

The respondent was the Vice-Chair of the Human Rights Tribunal of Ontario and was presiding over a hearing into a human rights complaint against the appellant. The appellant alleged that the respondent failed to conduct properly and violated several of his rights. The appellant brought a civil action against the respondent which was dismissed, without hearing submissions, under rule 2.1.01 of the Rules of Civil...