Court Of Appeal Summaries (December 1 – 5, 2014)

Hello again to everyone.  Below are summaries of this week's Ontario Court of Appeal civil decisions (non-criminal).  In an interesting Charter decision this week, Tanudjaja v Canada, the Court (2-1) rejected on the basis of justiciability a Charter challenge on whether the Charter guarantees the right to affordable housing.  Among other grounds for dismissing the application on a preliminary basis and without hearing the merits was a determination by the Court that the matters complained of were matters of policy that are not justiciable.  Justice Feldman dissented, so it will be interesting to see if the decision is appealed to the Supreme Court and whether leave is granted.  Other topics covered this week included class actions (costs), dismissals for delay, insolvency (approving professional and legal fees of court-appointed receivers), condominium law (solicitor's negligence and negligent misrepresentation), real property (specific performance, leases, adverse