Court Of Appeal Summaries (September 6, 2022 ' September 9, 2022)

• Published date: 12 September 2022
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Family and Matrimonial, Corporate and Company Law, Family Law, Personal Injury, Libel & Defamation, 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 short week of September 6, 2022. There were only four decisions, two of them short.

In Hamilton-Wentworth District School Board v. Zizek, the Court allowed the appeal and struck yet another claim where the plaintiff had failed to immediately disclose a settlement with other defendants. The message is clear, disclosure settlement agreements that alter the litigation landscape immediately or face a stay of the remaining claim.

In PMC York Properties v Siudak, the Court applies the modern, flexible approach to defamation pleadings and allowed an appeal from a Divisional Court order striking a civil conspiracy claim.

CIVIL DECISIONS

PMC York Properties Inc v. Siudak, 2022 ONCA 635

Feldman, Roberts and Favreau JJ.A.

Counsel:

J. Diacur, for the appellant, Bill Siudak
M. A. Munro, for the respondents, PMC York Properties Inc., P.C. and M.C.

Keywords: Torts, Defamation, Civil Conspiracy, Civil Procedure, Striking Pleadings, Hunt v. Carey Canada Inc., [1990], 2 S.C.R. 959, The Catalyst Capital Group Inc. v. Veritas Investment Research Corporation, 2017 ONCA 85, Magnotta [Winery Ltd. v. Ziraldo, [1995] O.R. No. (3d) 575 (Ont. Gen. Div.)], Frank v. Legate, 2015 ONCA 631, Resolute Forest Products Inc. v. 2471256 Canada Inc., 2016 ONSC 5398, R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19, Tran v. University of Western Ontario, 2015 ONCA 295, Abbasbayli v. Fiera Foods Company, 2021 ONCA 95, Paquette v. Cruji, (1979) 26 O.R. (2d) 294 (H.C.J.), Canada Cement Lafarge v. B.C. Lightweight Aggregate, [1983] 1 S.C.R. 452, Agribrands Purina Canada Inc. v. Kasamekas, 2011 ONCA 460, Roach v. Random House of Canada Ltd., [2000] O.J. No. 2585 (Ont. S.C.), Avalon Rare Metals Inc. v. Hykawy, 2011 ONSC 5569, A.I. Enterprise Ltd. v. Bram Enterprises Ltd., 2014 SCC 12, Young v. Bella, 2006 SCC 3, [2006] 1 S.C.R. 108, Bai [v. Sing Tao Daily Ltd. (2003), 226 D.L.R. (4th) 477 (Ont. C.A.)], Elliott v. Canadian Broadcasting Corp. (1993), 16 O.R. (3d) 677 (Ct.J.(Gen.Div.)

facts:

In 2018, Mr. S. purchased a condominium unit at Bentley Place. Mr. S. was concerned about the management of Bentley Place by the board of directors ("the Board") and the negative influence on Board decisions that he perceived was wielded by PMC York and its principal, Mr. C. As a result, Mr. S. ran and was elected to the Board. Once elected to the Board, Mr. S. set up a newsletter to provide information to the owners about the financial dealings of the condominium corporation and its relationship with PMC York and Mr. C. On June 25, 2019, Mr. S. received a letter from legal counsel to the Board warning that he had "continually dismissed [his] duties to the Condominium", "[d]isclose[ed] confidential and privileged information discussed at board meetings", and "[i]nterfer[ed] with ongoing repair and maintenance projects."...