In order to bring a legal action in Canada, the party initiating the statement of claim must have what is known as “standing” on the matter. Standing refers to the legal entitlement to bring a particular matter before the court in question. Many parties have automatic standing due to the fact that they have a […]
Category Archives: Appellate Litigation
The End of Partial Summary Judgment?
A motion for summary judgment is one of the methods available to shorten the length and cost of civil actions in Ontario. A party to litigation can request a matter be decided without a formal trial if they can demonstrate that there is no genuine issue to be decided at trial. The leading decision on […]
ONCA Determined to Move its Docket Forward in Party’s Absence
As the litigation dockets continue to grow now that courts are resuing services after being closed to anything but urgent matters during COVID-19, it will become imperative to avoid any unnecessary delays. A case decided by the Ontario Court of Appeal earlier this year should provide comfort to litigants that the ONCA is determined to […]
COVID-19 and the Effect on the Mode of Appeals
Appeals in Ontario are traditionally heard by way of both oral and written submissions. However, the COVID-19 pandemic has created extraordinary circumstances to which we must all adapt as best we can. Since March 17, 2020, there have been no in-person appeals heard at the Court of Appeal. More than 100 scheduled appeals have had […]
Extending the Time in Which to Seek Leave to Appeal
The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of the injunction and was successful. One of the […]
The Arbitration Act, Stays & the Right to Appeal
The Arbitration Act of Ontario, in section 7, provides a mechanism to stay actions brought where the action’s subject matter is to be decided by arbitration pursuant to an agreement to do so made by the parties. Exceptions, in whole or in part, to the rule are provided in the statute at sub-sections 7(2) to […]
Setting Aside a Default Judgment
What is a Default Judgment? A default judgment is often granted in favour of a plaintiff when the defendant, although served, either fails to appear in court or respond to a claim within the predetermined time limit. Can a Party Successfully Have it Set Aside? Setting aside a default judgment is a discretionary remedy based […]
Pierringer Settlements Update
Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This blog provides an update on recent developments on the impact and effect of Pierringer settlements following Alberta’s Court of Appeal (ABCA) decision in Canadian Natural Resources Limited v. Wood Group Mustang. Although the decision is not binding in Ontario, it […]
Unjust Enrichment by Wrongdoing & Waiver of Tort
Introduction The meaning of the term “waiver of tort” is by no means clear. At its strongest, it has been described as an independent cause of action that does not require the plaintiff to prove any damage suffered by them as a result of the wrongful conduct of the defendant. The remedy would be disgorgement […]
When will the Courts Hear a Moot Case or Appeal?
Introduction What happens to a lawsuit or an appeal when the issues in dispute are superseded or resolved by extraneous events? The proceeding becomes “moot” as a result of losing its practical significance. The legal outcome has been decided not by the court in question but by the incidental happenings. As a result, the court […]