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ARTICLE · 10 AUGUST 2022

Court Of Appeal Summaries (August 1 – 5, 2022)

Blaney McMurtry LLP
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In Paul's Transport Inc. v. Immediate Logistics Limited, the appellant freight broker fell into arrears in payment of invoices under a freight brokerage agreement.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.
Following are this week's summaries of the Court of Appeal for Ontario for the week of August 1, 2022.

In Paul's Transport Inc. v. Immediate Logistics Limited, the appellant freight broker fell into arrears in payment of invoices under a freight brokerage agreement. The appellant had been paid for the freight services by its customers but had not remitted payment to the transportion company. A default judgment was entered against the appellant and its principal (for knowing assistance in breach of statutory trust) partly on the basis of deemed admissions. In dismissing the appeal, a five-member panel that Umlauf v. Umlauf (2001), 53 O.R. (3d) 355 (C.A.) is not good law, and instead endorsed the approach articulated in Segraves, Salimijazi, and Nikore. Only allegations of fact set out in a claim can be deemed admitted. Conclusions of law or allegations of mixed fact and law are not to be deemed admitted.

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