Ontario Court Of Appeal Summaries (August 5 - 9, 2019)

This was a light week for the Court of Appeal. Topics covered this week included the rescission of agreements of purchase of sale of condos arising out of material changes, and the allocation of parenting time and decision-making responsibilities.

In a provincial offences decision, the Court concluded that the popular game, "GotSkill", is a game of mixed skill and chance. Accordingly, the bars that offered it to their patrons were in contravention of their liquor licences for permitting "unlawful gambling", as defined by the Criminal Code. Perhaps they now need to change the name of the game to "GotSkill&Luck".

Table of Contents

Civil Decisions

Jung v. Talon International Inc., 2019 ONCA 644

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Condominiums, Material Changes, Rescission, Repudiation, Anticipatory Breach, Affirmation, Remedies, Specific Performance, , Civil Procedure, Summary Judgment, Amending Pleadings, Condominium Act, 1998, S.O. 1998, c. 19, s 74, Rules of Civil Procedure, Rules 20 and 26

Rigillo v. Rigillo, 2019 ONCA 647

Keywords: Family Law, Custody and Access

Provincial Offences and Criminal Decisions

R. v. P.S. (Publication Ban) , 2019 ONCA 637

Keywords: Publication Ban, Criminal Law, Invitation to Touching, Sexual Interference, Evidence, Admissibility, Minors, Video Evidence, Third Party Records, Sentencing, R. v. L. (D.O.), [1993] 4 S.C.R. 419, R. v. Edgar, 2010 ONCA 0529, R. v. R.E.M., [2008] 3 S.C.R. 3, R. v. W.(D), [1991] 1 S.C.R. 742, R. v. L.L., 2009 ONCA 0413, R. v. Radcliffe, 2017 ONCA 176, leave to appeal refused, [2017] S.C.C.A. No. 274, R. v. Batisse, 2009 ONCA 114, R. v. D.(D.) (2002), 58 O.R. (3d) 788, R. v. Lacasse, 2015 SCC 64

R. v. Plange , 2019 ONCA 646

Keywords: Criminal Law, Fraud over $5,000, Sentencing, Mandatory Minimum Sentence, Constitutional Law, Freedom from Cruel and Unusual Treatment or Punishment, Criminal Code, s.380(1.1), Canadian Charter of Rights and Freedoms, s. 12, R. v. Nur, 2015 SCC 15, R. v. Boudreault, 2018 SCC 58, R. v. Théroux, [1993] 2 S.C.R. 5, R. v. Goltz, [1991] 3 S.C.R, R. v. Koval, [2001] O.J. No 1205 (S. C.), R. v. Watts, 2016 ONSC 4843

R. v. Buttazzoni , 2019 ONCA 645

Keywords: Criminal Law, Importing Narcotics, Conspiracy to Import Narcotics for the Purpose of Trafficking, Possession for the Purpose of Trafficking, Mens Rea, Actus Reus, Evidence, Admissibility, Utterances, Prior Criminal Record, Sentencing, Bell v. The Queen, [1983] 2 S.C.R. 471, R. v. Sauvé (2004), 182 C.C.C. (3d) 321 (Ont. C.A.), R. v. Vrany (1979), 46 C.C.C. (2d) 14 (Ont. C.A.), R. v. Foster, 2018 ONCA 53, R. v. Onyedinefu, 2018 ONCA 795, R. v. Ferris, 1994 ABCA 20

Play for Fun Studios Inc. v. Ontario (Alcohol and Gaming Commission of Ontario) , 2019 ONCA 648

Keywords: Provincial Offences, Liquor Control, Criminal Law, Unlawful Gambling, Criminal Code, s. 197(1), Liquor Licence Act, R.S.O. 1990, c. L.19, R.R.O. 1990, Reg. 179, s. 45(1), R. v. Riesberry, 2015 SCC 65, R. v. Ross, [1968] S.C.R. 786, R. v. Topechka, [1960] S.C.R. 898, R. v. Balance Group International Trading Inc. (2002), 162 C.C.C. (3d) 126 (Ont. C.A.)

R. v. Tsigirlach, 2019 ONCA 650

Keywords: Criminal Law, Fraud, Similar Fact Evidence

CIVIL DECISIONS

Jung v. Talon International Inc., 2019 ONCA 644

[Feldman, Lauwers and Paciocco JJ.A.]

Counsel:

S. Zucker and N. J. Tourgis, for the appellant

T. Corsianos, for the respondents

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Condominiums, Material Changes, Rescission, Repudiation, Anticipatory Breach, Affirmation, Remedies, Specific Performance, , Civil Procedure, Summary Judgment, Amending Pleadings, Condominium Act, 1998, S.O. 1998, c. 19, s 74, Rules of Civil Procedure, Rules 20 and 26

Facts:

This appeal arises from two summary judgment motions in favour of the respondents. While the appeals raised separate issues, they arose from the same set of facts.

The respondent enter into an agreement to purchase two commercial units and an agreement to purchase one residential unit from the appellant in what was formerly the Trump International Hotel in Toronto. When the agreements were signed, the hotel was to have 70 floors, access to the underground 'PATH' network and the commercial units were supposed to have kitchens. At a later date, the appellants decided these features would no longer be a part of the building.

The respondents considered...