Court Of Appeal Summaries (August 16-20, 2021)

• Published date: 23 August 2021
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Tax, Insurance Laws and Products, Trials & Appeals & Compensation, Income Tax
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of August 16, 2021.

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In Advanced Farm Technologies-JA v. Yung Soon Farm Inc, the appellant was sued under simplified procedure for failure to pay. The appellant appealed an order striking their defence and counterclaim for failure to comply with a court order to pay costs and deliver an affidavit of documents. The pleading was struck even though the appellant had complied with the order at the last moment, right before the motion to strike was heard. The Court dismissed the appeal, meaning that a party is still at risk of having their pleading struck for failure to comply with a court order even if they cure the non-compliance prior to the motion to strike.

Other topics covered included an addendum to an insurance/collateral benefits decision released by the Court back in April, and extension of time to appeal/stay pending appeal.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos

Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Advanced Farm Technologies- JA v. Yung Soon Farm Inc. , 2021 ONCA 569

Keywords: Contracts, Sale of Goods, Civil Procedure, Orders, Enforcement, Striking Pleadings, Setting Aside, Rules of Civil Procedure, Rules 30.08(2), 60.12, Dew Point Insulation Systems Incorporated v. JV Mechanical Limited, 259 O.A.C 179, Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), 2020 ONCA 310

Nemchin v. Green , 2021 ONCA 573

Keywords: Insurance, Subrogation, Collateral Benefits, Long-term Disability, Statutory Assignment of Rights and Benefits, Statutory Trusts, Civil Procedure, Procedural and Natural Justice, Insurance Act, R.S.O. 1990, c. I.8, Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 267.8, Rodaro v. Royal Bank of Canada (2002), 59 O.R. (3d) 74 (C.A.), Kant v. The Queen, [2001] 2 C.T.C. 2703 (T.C.C.), Bapoo v. Co-Operators General Insurance Co. (1997), 154 D.L.R. (4th) 385 (Ont. C.A.), leave to appeal refused, [1998] S.C.C.A. No. 62, Cadieux v. Cloutier, 2018 ONCA 903, leave to appeal refused [2019] S.C.C.A. No. 63, Carroll v. McEwen, 2018 ONCA 902, Cobb v. Long Estate, 2017 ONCA 717, El-Khodr v. Lackie, 2017 ONCA 716, leave to appeal refused, [2017] S.C.C.A. No. 461, Re Scott, [1948] SASR 193, Frederick v. Aviation & Gen. Ins. Co., [1966] O.J. No. 1064 (C.A.), Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, Pugh v. Canada, [2000] T.C.J. No. 585, Bouchard v. Canada, 2008 TCC 408, Lewin on Trusts, 19th ed. (London: Sweet & Maxwell, 2015)

Teitler v Dale, 2021 ONCA 577

Keywords: Family Law, Civil Procedure, Vexatious Litigants, Appeals, Extension of Time, Stay Pending Appeal, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 140, Rules of Civil Procedure, Rule 3.02, Howard v. Martin, 2014 ONCA 309, Denomme v. McArthur, 2013 ONCA 694, Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Kallaba v. Bylykbashi (2006), 265 D.L.R. (4th) 320, Lukezic v. Royal Bank of Canada, 2012 ONCA 350, Dale v. Teitler, 2018 ONSC 6861 (Div. Ct.), BTR Global Opportunity Trading Limited v. RBC Dexia Investor Services Trust, 2011 ONCA 620

Short Civil Decisions

Asghar v. Toronto (City), 2021 ONCA 571

Keywords: Civil Procedure, Appeals, Perfection, Extension of Time, Machado v. Ontario Hockey Association, 2019 ONCA 210, Yaiguaje v. Chevron Corporation, 2017 ONCA 827

CIVIL DECISIONS

Advanced Farm Technologies- JA v. Yung Soon Farm Inc., 2021 ONCA 569

[Feldman, Paciocco and Coroza JJ.A]

Counsel:

J. Chow, for the appellant
M. Hussein, for the respondent

Keywords: Contracts, Sale of Goods, Civil Procedure, Orders, Enforcement, Striking Pleadings, Setting Aside, Rules of Civil Procedure, Rules 30.08(2), 60.12, Dew Point Insulation Systems Incorporated v. JV Mechanical Limited, 259 O.A.C 179, Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), 2020 ONCA 310

facts:

The appellant was sued under the simplified procedure for failing to pay the agreed price of US$48,238.49 for papayas ordered and delivered. After having default judgment set aside, the appellant defended the...