Court Of Appeal Summaries (January 10-14, 2022)

• Published date: 18 January 2022
• Subject Matter: Corporate/Commercial Law, Insurance, Litigation, Mediation & Arbitration, Real Estate and Construction, Contracts and Commercial Law, Insurance Laws and Products, Court Procedure, Trials & Appeals & Compensation, Libel & Defamation, Construction & Planning, Real Estate, Civil Law
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Following are this week's summaries of the civil decisions of the Ontario Court of Appeal for the week of January 10, 2022.

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In Capital Sewer Servicing Inc. v. Crosslinx Transit Solutions Constructors, a contract interpretation case, the Court held that a promise to insure against a certain risk does not, as a matter of law, lead to the conclusion that the party that undertook to insure against said risk agreed to be responsible for any damages should the risk ensue. The allocation of risk is to be determined upon a review of all relevant contractual language and the factual matrix to determine the intent of the parties in allocating risk.

In Idea Notion Development Inc. v. CTO Boost Inc., 2022 ONCA 14, the Court dismissed an appeal from a summary judgment enforcing a settlement.

I would like to remind our readers to continue to consult Civil Procedure & Practice in Ontario (CPPO). Now into its second year since initial publication and having been recently updated, the CPPO is a free online resource jointly published by the University of Windsor and CanLII. The CPPO was written by a team of 135 leading litigators and experts in Ontario civil procedure, led by Professor Noel Semple of Windsor Law School. I had the privileged of co-writing two chapters to CPPO dealing with Rules 54 and 55 (Directing a Reference and Procedure on a Reference).

CPPO will serve as a guide to Ontario's Rules of Civil Procedure, Courts of Justice Act, and Limitations Act, and will be accessible not only to practitioners, but to members of the public. It contains not only the text of all these rules and statutory provisions, but also commentary and annotations to all the relevant case law applying and interpreting each rule and section. To access Civil Procedure & Practice in Ontario, please click here, and make sure to bookmark the site for easy access.

Table of Contents

Civil Decisions

Capital Sewer Servicing Inc. v. Crosslinx Transit Solutions Constructors, 2022 ONCA 10

Keywords: Contracts, Insurance, Interpretation, Agnew-Surpass v. Cummer-Yonge, [1976] 2 S.C.R. 221, T. Eaton Co. v. Smith et al., [1978] 2 S.C.R. 749, Ross Southward Tire v. Pyrotech Products, [1976] 2 S.C.R. 35, Madison Developments Ltd. v. Plan Electric Co. (1997), 36 O.R. (3d) 80 (C.A.), Royal Host G.P. Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc., 2017 ONCA 293, G.R. Hall, Canadian Contractual Interpretation Law, 4th ed. (Markham, Ont.: LexisNexis, 2020)

Idea Notion Development Inc. v. CTO Boost Inc., 2022 ONCA 14

Keywords: Breach of Contract, Debtor-Creditor, Civil Procedure, Summary Judgment, Settlements, Enforcement , Evidence on Motions, Affidavits, Without Prejudice Settlement Discussions, Rules of Civil Procedure, Rule 39.02, Union Carbide v. Bombardier Inc., 2014 SCC 35

Short Civil Decisions

Davidoff v. Paderewski Society Home (Niagara), 2022 ONCA 18

Keywords: Civil Procedure, Costs

Kam v. Canadian Broadcasting Corporation, 2022 ONCA 13

Keywords: Torts, Defamation, Defences, Responsible Communication, Civil Procedure, Anti-SLAPP, Costs, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Grant v. Torstar, 2009 SCC 61

Meridian C C Intl Inc. v. 2745206 Ontario Inc., 2022 ONCA 12

Keywords: Contracts, Real Property, Commercial Leases, Interpretation, Termination, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Fuller v. Aphria Inc., 2020 ONCA 403, Resolute FP Canada Inc. v. Ontario (Attorney General), 2019 SCC 60, Ventas, Inc. v. Sunrise Senior Living Real Estate Investment Trust, 2007 ONCA 205, Kinglip Holdings Inc. v. Novak Graphics Inc., [2000] O.J. No. 3723 (S.C.)

Ho v. Ontario, 2022 ONCA 11

Keywords: Labour and Employment, Workplace Harassment, Vicarious Liability, Charter Breaches

Amatuzio v. 650 Atwater Avenue Ltd., 2022 ONCA 9

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Condominiums, Tarion Warranty, Occupancy Permit, Damages, Building Code Act, Building Code, s. 1.3.3.4 of Part C

UL Lawyers Professional Corporation v. Notay, 2022 ONCA 8

Keywords: Torts, MVA, Negligence, Breach of Fiduciary Duty, Contracts, Solicitor and Client, Solicitor's Lien, Solicitor's Charging Order, Civil Procedure, Costs, Bilek v. Salter Estate, 2009 CanLII 58582 (ONSC)

Camsal Inc. v. Penner International Inc., 2022 ONCA 20

Keywords: Contracts, Interpretation, Real Property, Commercial Leases, Rights of First Refusal, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53

Gallant v. 556614 Ontario Inc., 2022 ONCA 27

Keywords: Contracts, Interpretation, Real Property, Mortgages, Guarantees

Drungas v. Hamilton (City),...