Court Of Appeal Summaries (May 23, 2022 ' May 27, 2022)

• Published date: 30 May 2022
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Real Estate and Construction, Family and Matrimonial, Contracts and Commercial Law, Family Law, Class Actions, Trials & Appeals & Compensation, Libel & Defamation, Real Estate, Landlord & Tenant - Leases, Civil Law
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 23, 2022.

There were only two substantive civil decisions released this week, together with several short endorsements. In 1386444 Ontario Inc v. 2331738 Ontario Ltd (Century Cabinet Doors Inc), the Court found that the application judge did not err in finding that a nuisance existed and upheld the permanent injunction as the appellants failed to abate the nuisance despite being given several opportunities to do so. Dent X Canada v. Houde is another anti-SLAPP decision.

Table of Contents

Civil Decisions

Dent-X Canada v. Houde, 2022 ONCA 414

Keywords: Torts, Defamation, Civil Procedure, Anti-SLAPP, Courts of Justice Act, RSO 1990, c C 43, s.137.1, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Grant v. Torstar Corp., 2009 SCC 61, Das v. George Weston Limited, 2017 ONSC 5583, Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730, Veneruzzo v. Storey, 2018 ONCA 688

1386444 Ontario Inc v. 2331738 Ontario Ltd (Century Cabinet Doors Inc), 2022 ONCA 416

Keywords: Torts, Nuisance, Real Property, Condominiums, Remedies, Injunctions, Condominium Act, 1998, SO 1998, c 19, ss. 134 & 135, Antrim Truck Centre Ltd v Ontario (Transportation), 2013 SCC 13, Sutherland v Canada (Attorney General), 2002 BCCA 416

Short Civil Decisions

Ammar v. Perdelwitz, 2022 ONCA 425

Keywords: Family Law, Child Support, Spousal Support, Civil Procedure, Appeals, Extension of Time, Rigillo v. Rigillo, 2019 ONCA 647

Kozik v. Partridge, 2022 ONCA 424

Keywords: Real Property, Rights of way, Civil Procedure, Orders, Varying or Setting Aside, Rules of Civil Procedure, Rule 59.06

Pullano v. Hinder, 2022 ONCA 418

Keywords: Torts, Battery, Defamation, Damages, Nominal Damages

Teefy Developments (Bathurst Glen) Limited v. Sun, 2022 ONCA 422

Keywords: Civil Procedure, Appeals, Extensions of Time, Panel Review, Fresh Evidence, Courts of Justice Act, RSO 1990, c C43, s 7(5), Asghar v Toronto (Police Services Board), 2021 ONCA 338, Enbridge Gas Distribution Inc. v Froese, 2013 ONCA 131

Wilson v. Fatahi-Ghandehari, 2022 ONCA 421

Keywords: Family Law, Marriage Contracts, Civil Procedure, Contempt, Abuse of Process

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CIVIL DECISIONS

Dent-X Canada v. Houde, 2022 ONCA 414

[Benotto, Zarnett and Copeland JJ. A.]

Counsel:

F. Sauvageau for the appellants

S. Fischoff for the respondent

Keywords: Torts, Defamation, Civil Procedure, Anti-SLAPP, Courts of Justice Act, RSO 1990, c C 43, s.137.1, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Grant v. Torstar Corp., 2009 SCC 61, Das v. George Weston Limited, 2017 ONSC 5583, Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730, Veneruzzo v. Storey, 2018 ONCA 688

facts:

The appellants appealed the order of the motion judge dismissing their motion to dismiss the respondent's defamation action under s. 137.1 of the Courts of Justice Act ("CJA"), Ontario's "anti-SLAPP" provision.

The statement at issue was a single Facebook post created by one of the individual appellants, who was unhappy with the delay in delivery of face masks from the...