Lerners Appellate Group Netletter

Legal Trivia and the Top 5 Civil Appeals

Mon, 01 Sep 2014 00:00:00 +0000

For those of you who were wondering whether our terrible winter would mean a beautiful summer, your question has been answered in the negative. However, as the summer turns to fall, we will all get busy with work and the bad weather will be a distant memory. Hopefully, soon the Ford brothers’ reign over Toronto will also be a distant memory.

This month’s Netletter features the Court of Appeal’s most important decisions from the summer, including appeals concerning judicial bias, defamation (including an action against Toronto’s soon to be former mayor), the citizenship oath, jurisdiction in securities litigation and relitigation of tribunal findings. This month’s Netletter author, Kirk Stevens, also provides his top five bits of legal trivia from the summer of 1927.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Board Games and the Top 5 Civil Appeals

Tue, 01 Jul 2014 00:00:00 +0000

Our last netletter of the summer features, among other significant decisions, two appeals interpreting the more liberal summary judgment rules and the Supreme Court of Canada's decision in Hryniak v. Mauldin. These appeals deal with important issues arising under the new summary judgment rules, namely when partial summary judgment is appropriate, the use of mini-trials and the use of evidence from the summary judgment motion at a later trial. These issues will continue to vex litigants and the courts.

This month's netletter author, Cynthia Kuehl, also provides her top five board games for those rainy nights at the cottage or, for those of you like me who do not leave the city during the summer, for those days when it is too humid to venture outside.

Best wishes for a happy and healthy summer!

Brian Radnoff
Editor and Chair, Appellate Practice Group

World Cup Facts and the Top 5 Civil Appeals

Sun, 01 Jun 2014 00:00:00 +0000

As usual, this month’s netletter summarizes important recent decisions from the Court of Appeal. One of those appeals is an extremely important employment law decision, particularly in regard to damages for constructive dismissal. There is also a decision that will have critical importance to the remaining Canadian mutual insurance companies that are intending to demutualize.

This month’s authors, Peter Kryworuk and Yola Ventresca, have also included their list of the top five interesting facts about the 2014 World Cup in Brazil. For those who believe that the World Cup is the greatest sporting event in the world, despite the fact it is run by a controversial organization, this will be a challenging month to get work done. Whether a fanatic or a first timer, hopefully we will all get a chance to enjoy this wonderful event.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Fun Spring Things and the Top 5 Civil Appeals

Thu, 01 May 2014 00:00:00 +0000

Since our last netletter, we have been treated to the spectacle of our Prime Minister and his office attacking the Chief Justice of the Supreme Court of Canada. This has proved to be an issue of concern for a significant portion of the Canadian legal community. For those of us self-professed "law geeks", this is a fascinating example of the divide between law and politics.

This month's netletter does not involve such weighty questions, but does present new important decisions from the Court of Appeal. Cases are featured involving issues in estates law, insurance coverage, arbitration and municipal liability. This month's netletter author, Kirk Boggs, also provides his top five fun things to do in Toronto during the spring. Wherever we are, I hope we all have the opportunity to do some enjoyable things before spring quickly turns to summer.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Feeling Good and the Top 5 Civil Appeals

Tue, 01 Apr 2014 00:00:00 +0000

April is always a busy month, with Passover, Easter and the NHL and NBA playoffs. Although we may not have many Canadian teams to cheer for in the NHL playoffs, we do have the Raptors, Canada's only NBA team, entering the playoffs after a surprisingly good regular season.

For those who still have time and attention for appeal decisions, as usual the Court of Appeal released several important decisions in March. These include decisions dealing with inter vivos gifts, mitigation in employment law, solicitor's negligence, proprietary estoppel and the sale of family property.

This month's netletter author, Carolyn Brandow, also provides her top five list of athletic events to help you feel good and raise money for charity. After all of our eating and TV watching in April, some exercise and fresh air will do us good!

Brian Radnoff

Editor and Chair, Appellate Practice Group

Beatles Songs and the Top 5 Civil Appeals

Sat, 01 Mar 2014 00:00:00 +0000

The end is in sight for our nightmare of a winter, with spring commencing and, hopefully, spring weather commencing soon. While we wait for sunshine and warmer temperatures, the Court of Appeal has remained busy, releasing several important decisions in February, including one overturning another recent decision of the Court. This month’s Netletter features decisions involving securities class actions, corporate reinstatement, jurisdiction in family claims, whether an estate freeze can be a fraudulent conveyance in family law litigation and resulting trusts and joint bank accounts.

This month’s author, William Pepall, also provides his very controversial list of the top five Beatles songs, in honour of the 50^th anniversary of the Beatles' appearance on the Ed Sullivan Show.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Unlikely Heros and the Top 5 Civil Appeals

Sat, 01 Feb 2014 00:00:00 +0000

Go Canada go! It was difficult over the last two weeks to pay attention to anything other than the Winter Olympics, enjoying Canada’s successes and embracing our wonderful athletes. However, the Court of Appeal continued to render decisions in January, so here is our Winter Olympics Netlettler, which you can use to help fill the void now that the games are over. This month features cases involving aboriginal property rights, state immunity, regulatory penalties, piercing the corporate veil and nuisance.

This month’s author, Jason Squire, in keeping with the Winter Olympics, provides his top five Winter Olympics unlikely heroes. Let us hope for more Canadian heroes and continued success at the Olympics.

Brian Radnoff

Chair, Lerners Appellate Advocacy Group

Historical Events and the Top 5 Civil Appeals

Wed, 01 Jan 2014 00:00:00 +0000

We start the new year by looking back at the Court of Appeal’s decisions in December, 2013. As usual, it was a busy month that produced many interesting decisions. This month’s Netletter summarizes decisions dealing with rectification, releases, judicial review of private school expulsion decisions, the recognition and enforcement of foreign judgments in Ontario and paramountcy of federal bankruptcy legislation.

This month’s author, Stuart Zacharias, also provides his top 5 Canadian historical events that occurred on January 1. While, as Stuart notes, these events may be somewhat mundane, there is no doubt that the start of 2014 is exciting from a legal perspective. As I write this, the Supreme Court of Canada is hearing argument on whether Marc Nadon, or any Federal Court judge, can sit as a judge from Quebec on Canada’s highest court.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Mandela Quotes and the Top 5 Civil Appeals

Sun, 01 Dec 2013 00:00:00 +0000

Winter is coming! Actually, it already appears to have arrived, to the joy of those who like the snow and to the misery of those, like me, who do not appreciate the cold, winter sports or shovelling.

As we wind down 2013, the Court of Appeal continues to keep busy. This month’s netletter summarizes decisions involving equitable contribution in insurance policies, costs in class action proceedings, when the doctrine of special circumstances applies to the assessment of lawyers’ accounts, how strictly shotgun buy-sell provisions must comply with shareholder agreements and how to treat debts incurred at the time of marriage for calculating net family property. This month’s netletter author, Jasmine Akbarali, also provides her top five Nelson Mandela quotes. His death is a great loss to the world, and we can all learn something from him.

Best wishes for happy holidays and a wonderful new year!

Brian Radnoff
Editor and Chair, Appellate Practice Group

Canadian Political Scandals and the Top 5 Civil Appeals

Fri, 01 Nov 2013 00:00:00 +0000

For those of you who are tired of reading about Rob Ford’s latest foibles, or who just want a momentary distraction from your November workload, we are pleased to present this month's netletter. The Court of Appeal was very busy in November, and it was difficult picking the five most noteworthy cases. This month’s netletter features appeals involving jurisdictional questions, the test for intervention, class action certification, insurance issues and the intersection of personal injury judgments and creditor protection under the Bankruptcy and Insolvency Act.

In honour of the amazing Rob Ford, this month’s netletter author, Andrew Murray, has also provided his top five Canadian political scandals. Reflecting on Andrew’s list of scandals, we may not be as dull a country as we thought.

Brian Radnoff
Editor and Chair, Appellate Practice Group

World Series Moments and the Top 5 Civil Appeals

Tue, 01 Oct 2013 00:00:00 +0000

The big news of the month was the appointment of Justice Marc Nadon to the Supreme Court of Canada, that is, until the news of the challenges to his appointment. With the unusual public attention focused on this latest appointment, we know we’re not the only ones watching the court with interest. In the meantime, the Supreme Court is sitting eight judges on some tough cases. Let’s hope matters don’t get more complicated by a 4-4 split on the Senate reference.

Meanwhile, the Court of Appeal was, as usual, busy in September. This month’s netletter features important decision on who owns church property, the intersection between aboriginal property rights and municipal by-laws, limitation periods, standing and summary judgment. This month’s author, Mark Freiman, provides his list of the top 5 World Series moments in honour of the World Series.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Wine Quotes and the Top 5 Civil Appeals

Sun, 01 Sep 2013 00:00:00 +0000

I hope you have had a wonderful summer. As we enter into the fall, traditionally a very busy time for litigators, do not forget that the Court of Appeal continued to sit during the summer and released several important decisions. This month’s netletter contains decisions on class actions, insurance benefits, family law, commercial disputes and contempt proceedings.

This month’s author, Kirk Stevens, has also provided his top 5 quotations about wine. I hope that, despite the busy time of year, all of you have an opportunity to relax and review this netletter, preferably with a glass of wine in hand.

Brian Radnoff
Editor and Appellate Group Practice Leader

The Age of Sail and the Top 5 Civil Appeals

Mon, 01 Jul 2013 00:00:00 +0000

Despite terrible storms and flooding, the Court of Appeal continues to work hard, releasing several important decisions in the past month. This month’s netletter author, Cynthia Kuehl, has provided summaries for the top 5 decisions in June, 2013. These include important decisions in insurance law, pharmacy regulation, human rights and privity of contract.

Continuing with our summer theme, this month’s “Our Top 5” is brought to you by Earl Cherniak, providing his five favorite books about the golden age of sail. If you have planned to take some time off, I hope you have the time to do some reading on this fascinating topic. For those with less time, but who still want to learn about Horatio Nelson, I recommend Winston Churchill’s favorite film, “That Hamilton Woman,” with Laurence Olivier and Vivien Leigh.

Brian Radnoff
Editor and Chair, Appellate Practice Group

Songs of Summer and the Top 5 Civil Appeals

Sat, 01 Jun 2013 00:00:00 +0000

It is a privilege and honour to take over editing this netletter from Cynthia Kuehl. Cynthia was one of the founding members of our Appellate Practice Group and, save for a short maternity break, has continuously edited or co-edited this netletter since it was established as the first Canadian internet publication devoted to reporting on Ontario appellate case law. Cynthia managed to accomplish this while, at the same time, maintaining a very busy and successful practice and a young family.

It is a pleasure to take over from Cynthia in a month with exciting and important Court of Appeal decisions. This month’s summaries include decisions about expert evidence, limitation periods in insurance policies, costs in motor vehicle cases, the opt-out process for class actions and Ontario’s jurisdiction to bring damages for tobacco-related costs against tobacco companies resident outside Ontario. In addition, this month’s authors, Peter Kryworuk and Yola Ventresca, give you their top five songs of the summer. I hope you get some time to enjoy them and the lovely summer weather.

Brian Radnoff
Editor

Cheering for the Knights and the Top 5 Civil Appeals

Wed, 01 May 2013 00:00:00 +0000

Over three years ago, Jasmine Akbarali and I declared (confessed?) to all of you that we were appeal geeks and, as proof, we were starting this publication. While you will continue to receive the Lerners Monthly Lists, this will be my last as editor. Over these years, I have developed a real appreciation for the judges of our Court of Appeal - the diversity of cases they consider and the strength of their judicial writing – and for the many appellate lawyers who appear before them, advocating for their clients and ensuring that our common law changes and grows. I will truly miss the monthly review of cases and case summaries that came with this role; my inner geek has flourished, not been quashed by, the last three years. And, fortunately for me, I get to go out on a high note, with three of the five cases selected this month being Lerners’ wins.

Of course, the Toronto Maple Leafs did not get to go out on such a high note this month. However, that does not mean that hockey is over, as Carolyn Brandow (a Lerners London partner) offers you her top 5 reasons to cheer for the London Knights who, unlike the Leafs, are still playing to win.

Thank you again and keep reading,
Cynthia Kuehl
Former Chair, Appellate Advocacy Group