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. Gauthier v. Gauthier

In Gauthier v. Gauthier (Ont CA, 2019) the Court of Appeal made these useful comments on security for costs:
[8] Orders for security for costs are a blunt instrument. They are not intended to act as a roadblock to genuine claims: Izyuk v. Bilousov, 2015 ONSC 3684 (CanLII), 62 R.F.L. (7th) 131, at para. 37. They should be used sparingly and carefully because they may well have the effect of barring a party from access to the court process for a proper review of existing orders – something, for example, to which a party is entitled respecting child support orders if there has been a change in circumstances: Family Law Act, R.S.O. 1990, c. F.3, s. 37(2.1). Without commenting on whether the security for costs order was appropriate when it was made, there is now enough evidence to make a prima facie case of change in circumstances warranting a review of the child support order. The outstanding order for security for costs ought not to block that review.

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. Erland v. Ontario
In Erland v. Ontario (Ont CA, 2019) the Court of Appeal stated the legal test for extending the time for setting a case down for trial:
[4] It is common ground that the motion judge correctly identified the applicable law. Subrules 48.14(5)-(7) provide that where the plaintiff seeks to extend the deadline to set an action down for trial, the plaintiff/moving party must show cause why the action should not be dismissed for delay. In order to meet this burden the plaintiff must prove that (1) there is an acceptable explanation for the delay and (2) that allowing the action to proceed would not cause the defendant(s) to suffer non-compensable prejudice: Kara v. Arnold, 2014 ONCA 871 (CanLII), 328 O.A.C. 382, at para. 8. This test is conjunctive.

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Interesting 'location' practice case: Canada Trustco Mortgage Company v. Laird, 2007 CanLII 15232 (ON SC)

In Health Genetic Center Corp. (Health Genetic Center) v. New Scientist Magazine (Ont CA, 2019) the Court of Appeal

[extended case re security for costs on an appeal]

In Potis Holdings Ltd. v. The Law Society of Upper Canada (Ont CA, 2019) the Court of Appeal
[paras 14-16 motion to strike for no reasonable grounds AFTER defence filed allowed]
[para 18 motion to strike merits]
[para 33 appeals / standard for failure to grant leave to amend]




In Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. (Ont CA, 2019) the Court of Appeal discusses the nature of vesting orders:
paras 33-41

------------------
In Zambo v. 848875 Ontario Inc. (Gary’s No Frills) (Ont CA, 2019) the Court of Appeal ...
[2] We disagree. The test for setting aside a jury’s verdict is extremely high. It requires that the court conclude that the verdict is “so plainly unreasonable and unjust as to satisfy the Court that no jury reviewing the evidence as a whole and acting judicially could have reached it”: Gutbir v. University Health Network, 2012 ONCA 66 (CanLII) at para. 5.


In Asghar v. Toronto Police Services Board (Ont CA, 2019) the Court of Appeal
['strike a pleading as disclosing no reasonable cause of action', para 8-10]

In Clark v. Ontario (Attorney General)
(Ont CA, 2019) the Court of Appeal ...

civpro / motion to strike on pleadings / whether limitation period fact or law / when lim pd not plead in Defence
38-51

In Klassen v. Beausoleil (Ont CA, 2019) the Court of Appeal
civpro / leave to amend pleadings / whether amendments invoke issue where limitation period expired
24-33 [good case]

In Krawczynski v. Ralph Culp and Associates Inc. (Ont CA, 2019) the Court of Appeal ...
to extend time to perfect leave to appeal / 9-11

In Service Mold + Aerospace Inc. v. Khalaf (Ont CA, 2019) the Court of Appeal
civpro / partial summary judgment / 14

In
Amyotrophic Lateral Sclerosis Society of Essex County v. Windsor (City)
(Ont CA, 2019) the Court of Appeal
- deemed undertaking 24-31

In Michail v. Ontario English Catholic Teachers’ Association (Ont CA, 2019) the Court of Appeal considered the propriety of a party making their own private recordings of legal proceedings and using them as they saw fit: [para 9-23]

In D'Souza v. Brunel International Inc. (ITECC Consulting) (Ont CA, 2019) the Court of Appeal reviews the criteria for restoring an action to the trial list:
[para 8]

In Elbakhiet v. Palmer (Ont CA, 2019) the Court of Appeal considered the test for an order prohibiting the public dissemination of documents in litigation: [paras 26-27]

In Levant v. Day (Ont CA, 2019) the Court of Appeal
SLAPP 9-24 [needs editing, may be facts applicable to new law but no precedential value]

In Benarroch v. Fred Tayar & Associates P.C. (Ont CA, 2019) the Court of Appeal
civpro / costs / self-represented 19-35

Plate v. Atlas Copco Canada Inc. (Ont CA, 2019) the Court of Appeal
- summary judgment / genuine issue for trial 73

In Endean v. St. Joseph's General Hospital (Ont CA, 2019) the Court of Appeal
settlement / Pierringer Orders 52-55

In Bondfield Construction Company Limited v. The Globe and Mail Inc. (Ont CA, 2019) the Court of Appeal
SLAPP 14-28

In Lascaris v. B’nai Brith Canada (Ont CA, 2019) the Court of Appeal
SLAPP 30-44

In Arsenijevich v. Ontario (Provincial Police) (Ont CA, 2019) the Court of Appeal
civ pro / no reasonable cause of action 7-8

In New Dermamed Inc. v. Sulaiman (Ont CA, 2019) the Court of Appeal
SLAPP 8-13

Damages - Liquidated - Piercing the Corporate Veil
Ken Jackson Construction Limited v. Macklin (Ont CA, 2017)

Juries - Confidentiality of Proceedings

Offers - Rescission

Settlement - Modification
Welsh v Ontario (Ont CA, 2019)

Civil Procedure - Extension of Time to Appeal
Wilson v Fatahi-Ghandehari (Ont CA, 2019)


Civil Procedure - Time - Extension
Civil Procedure - Leave to Appeal to Divisional Court
Civil Procedure - Motions to Dismiss under R21 for No Reasonable Cause of Action
Civil Procedure - Motions to Strike under R25.11 for Scandalous, Frivolous, Vexatious or Abuse of Process of the Court
Lee v. Richcraft Homes Ltd. (Ont CA, 2019)

Pleadings - Motion to Strike
Das v. George Weston Limited (Ont CA, 2018)

Pleadings - Amendment - Leave
McHale v. Lewis (Ont CA, 2018)

Civil Procedure - Summary Judgment - Partial Summary Judgment
Mason v. Perras Mongenais (Ont CA, 2018)


Civil Procedure - Pleadings - Particularity

Civil Procedure - Contempt

Civil Procedure - Discovery of Crown Criminal Evidence

Civil Procedure - Re-opening Trial

Civil Procedure - Dismissal for Delay (against Plaintiff) - Set Aside

Civil Procedure - Pleadings

Civil Procedure - Costs - Solicitor Self-Representing

Civil Procedure - Orders - Final versus Interlocutory

Civil Procedure - Costs

Civil Procedure - Trial - Re-opening Trial

Civil Procedure - Summary Judgment

Civil Procedure - Proportionality

Civil Procedure - Issue Estoppel

Civil Procedure - Stay Pending Appeal

Civil Procedure - Default Judgments - Setting Aside



Civil Procedure - Orders - Taking Out Orders

Civil Procedure - Dismissal for Delay

Civil Procedure - Jury Trial - Closing Address

Civil Procedure - Juries

Civil Procedure - Summary Judgment - Timing

Civil Procedure - Summary Judgment - Third Party Claims

Civil Procedure - Adjournments

Civil Procedure - Summary Judgment

Civil Procedure - Dismissal for Delay - Setting Aside

Civil Procedure - Default - Setting Aside

Civil Procedure - Striking Pleadings - No Reasonable Cause of Action or Defence

Civil Procedure - Dismissal for Delay

Civil Procedure - Time - Extension

Civil Procedure - Juries - Striking Jury Notice

Civil Procedure - Discovery - Documentary - Privilege

Civil Procedure - Striking Defence



Civil Procedure - Civil Contempt

Civil Procedure - Civil Contempt

Civil Practice - Summary Judgment - Partial Summary Judgment

Civil Practice - Federal Court Jurisdiction

Civil Procedure - Pleadings - Amendment - Limitation Period

Civil Procedure - Pleadings - Limitations Must be Pled

Civil Practice - Pre-Trial Conferences

Civil Procedure - Pleadings - Limitations Must be Pled

Civil Procedure - Summary Judgment - Issue Estoppel

Civil Practice - Venue - Forum Non Conveniens

Civil Procedure - Motion to Strike

Civil Procedure - Motions - Conversion of Nature of Motion

Civil Procedure - Costs - Against Solicitor Personally

Civil Procedure - Dismissal for Delay - Generally

Civil Procedure - Dismissal for Delay - Third Party Claim

Civil Procedure - Motions to Strike

Civil Procedure - Service - On Defendant Outside of Canada

Civil Procedure - Pleadings - Leave to Amend

Civil Procedure - Summary Judgment - Only Available in Actions

Civil Procedure - Adjournments

Civil Procedure - Motions to Strike - Leave to Amend Claim



Pleadings - Must Allege Issues Fully

Summary Judgment - Partial Summary Judgment

Discontinuance - Setting Aside

Costs - Substantial versus Full Indemnity

Motions - Ex Parte

Civil Procedure - Proceedings - Colourable Purpose

Civil Procedure - Pleadings - Particularity - Where Identities of Persons Unknown

Civil Procedure - Summary Judgment - Issue Estoppel

Civil Procedure - Release - Interpretation

Pleadings - Amendment

Pleadings - Fraud - Particulars

Civil Procedure - Dismissal under Rule 2.1 - Frivolous and Vexatious

Civil Procedure - Dismissal under Rule 2.1 - Abuse of Process

Civil Procedure - Pleadings - Motion to Strike - Leave to Amend

Civil Procedure - Amicus Curiae

Civil Procedure - Pleadings - Issues Outside of the Pleadings

Civil Practice - Trial - Judicial Interjections

Juries - Confidentiality of Proceedings
R v Kum (Ont CA, 2015)

Civil Practice - Trial Record - Composition

Civil Practice - Trial - Labelling of Exhibits

Civil Practice - Amending Pleading - Motion

Civil Procedure - Summary Judgment - Issue Estoppel re Other Parties



Costs - Against Non-Parties



SLAPP LawsuitsIn a series of cases the Court of Appeal adjudicates for the first time on recent s.137.1 amendments to the Courts of Justice Act, the SLAPP amendments (strategic lawsuits against the public interest). The cases are essential reading for any involved in such a case.

- United Soils Management Ltd. v. Mohammed, 2019 ONCA 128 (CanLII)

Summary Judgment - Limitations

Trials - Re-Opening


Adjournments
Royal Bank of Canada v. Puzzolanti (Ont CA, 2018)


===== CIVIL PROCEDURE

---------------------- Civil Procedure / litigation finger test

Lloyd v. Clark, 2008 ONCA 343 (CanLII), 52 C.P.C. (6th) 41

---------------------- Civil Procedure? / Bullock and Sanderson Orders

Rooney (Litigation Guardian of) v. Graham, 2001 CanLII 24064 (ON CA)

---------------------- Civil Procedure / you can't sue yourself (authoritative case)

Dionisi et al. v. Dionisi et al.; Dionisi, Third Party, 1983 CanLII 1863 (ON SC)

---------------------- Civil Procedure / Costs / where pro bono representation: 1465778 Ontario Inc. et al. v. 1122077 Ontario Ltd. et al., at 2006 CanLII 35819 (ON CA)

------------------ Civil Procedure / Leading case on extending time for appeal

[6] The factors a court must take into account in considering a motion to extend the time to file a notice of appeal are set out in Kefeli v. Centennial College of Applied Arts and Technology (2002), 23 C.P.C. (5th) 35 (Ont. C.A.).

------------------ Civil procedure / leading case on setting aside a settlement agreement

Milios v. Zagas (1998), 1998 CanLII 7119 (ON CA)

------------------ Civil procedure / leading case on dismissal of action for delay

Reid v. Dow Corning Corp (2001), 11 CPC (5th) 809 at para. 41, rev'd ( […]

-------------------------------- Civil Procedure / Foreign Judgment

the test for recognition of a foreign judgment articulated by the Supreme Court in Beals v. Saldanha, 2003 SCC 72 (CanLII), [2003] 3 S.C.R. 416.


-------------------------- CIVIL PROCEDURES / Costs / fixing

[16] In the often-cited case of Boucher v. Public Accountants Council (Ontario) (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.), this court set out the principles to apply in fixing costs. The objective is to fix costs that are fair and reasonable having regard to the expectation of the parties.

--------------------------- Civil procedure? / collection? / money (bank account funds) as personal property

- Royal Bank of Canada v. Rastogi, 2011 ONCA 47 (CanLII)

----------------------------- CIVIL PROCEDURE / FOREIGN JUDGMENTS

74. Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (CanLII): "Van Breda is the leading authority on jurisdiction over non-resident tortfeasors and torts occurring outside Ontario. There, the Supreme Court of Canada set out a framework for the assumption of jurisdiction in tort cases that was intended to address the need for certainty and predictability. It identified a list of connecting factors that would permit the court to presumptively assume jurisdiction."; after that then do Tamminga v. Tamminga, 2014 ONCA 478 and Forsythe v. Westfall, 2015 ONCA 810 (CanLII)

12. SCC: Morguard, Beals re suing in Ontario on foreign judgments as a debt

13. leading cases on forum non conveniens: Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (CanLII); Young v. Tyco International of Canada Ltd., 2008 ONCA 709 (CanLII) [the "real and substantial connection test"]

14. leading case on forum non conveniens: Muscutt v. Courcelles 2002 CanLII 44957 (ON CA)

24. Choc v. Hudbay Minerals Inc. et al., 2013 ONSC 998 (CanLII) [Cdn liability of Cdn companies abroad]

-------------------------------- CIVIL PROCEDURE

45. Bohumil Janicek v. OC Transpo, 2011 ONSC 2601 (CanLII) (Div Ct, 2011) - the court sets out the principles to be applied when dismissing an action for delay by the plaintiff

46. the applicable pre-requisites for the setting aside of a default judgment, as described in HSBC Securities (Canada) Inc. v. Firestar Capital Management Corp., 2008 ONCA 894 (CanLII), 2008 ONCA 894, 245 O.A.C. 47, leave to appeal to S.C.C. refused (2009), 399 N.R. 398 (note) (S.C.C.), Morgan v. Toronto (City) Police Services Board 2003 CanLII 14993 (ON CA), (2003), 34 C.P.C. (5th) 46, 169 O.A.C. 390 (C.A.)

22. Jetport Inc. v. Global Aerospace Underwriting Managers et al 2013 ONSC 2740) [no motion to compel discovery after set down for trial]

40. Kuzev v. Roha Sheet Metal Ltd 2007 CanLII 25656 (Ont Div Ct, 2007) - costs on appeal of small claims court judgment must be reasonable and fair in light of amount at stake at trial

39. Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 (CanLII) [test on summary judgment motion]

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