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 […]
Tag Archives: appeals
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 […]
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Introduction What happens to a lawsuit or an appeal when the issues in dispute are superseded or resolved by extraneous events?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 […]
Anticipatory Breach of Contract and the Limitations Act
Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or it becomes clear by the circumstances, that they are not going to perform on the due date. The innocent party may accept the repudiation when it occurs and seek damages, or instead, wait until the performance was contractually due and […]
Considerations Regarding Partial Summary Judgments
Introduction Rule 20.01 of the Ontario Rules of Civil Procedure sets out the procedure to follow when any party feels they have a good case for summary judgment. The Rule contemplates such motions being brought to resolve all, or only one part, of the claim or defence. The question that arises is when is the […]
Incorrectly Named Defendants – Misdescription or Misnomer?
Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct legal name. Despite searches and inquiries, the ignorance may continue with the defendant being improperly named in the Statement of Claim. What happens then when the claim is served on the right person but has incorrectly spelled or identified the […]