Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 OCTOBER 2021

Court Of Appeal Summaries (September 27 – October 1)

Blaney McMurtry LLP
Blaney McMurtry LLP
Contributor
Explore more from Blaney McMurtry LLP

Following are this week's summaries of the Court of Appeal for Ontario for the week of September 27, 2021.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
Author LinkedIn connections

Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of September 27, 2021.

In Li v. Li, the court reviewed a motion judge's conclusion that Ontario had jurisdiction to hear the parties' family law dispute. In allowing the appeal, the court found that while Ontario did have jurisdiction, Yunnan Province, China was the clearly more appropriate forum, and that the motion judge erred in their analysis of forum non conveniens. The Ontario application was therefore stayed.

Other topics covered included standing to oppose the validity of a will, custody and access, renewal of a commercial lease, injunctions in the condominium context, intrusion upon seclusion and wrongful dismissal, mortgage enforcement and bank negligence, and oppression in the condominium context.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Supreme Court Of Canada Reviews Québec’s Bill 21

Québec's Bill 21, enacted in 2019, bans public sector workers from wearing religious symbols and is shielded from most Charter challenges by the notwithstanding clause. The Supreme Court of Canada is now reviewing this controversial law, with a ruling expected as early as November 2026 or later in 2027. Former Minister of Justice Arif Virani discusses the court's struggle to balance competing constitutional principles in this landmark case.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson
Article

Employment Update: Ontario Workforce Priority Stream - New Ontario Immigrant Nominee Program

Ontario has launched a major overhaul of its Provincial Nominee Program, consolidating eight immigration streams into four and introducing the new Ontario Workforce Priority Stream with updated eligibility requirements. The changes expand access to workers across all skill levels while implementing stricter employer compliance measures and a redesigned Expression of Interest scoring system that prioritizes labour market integration factors.
CanadaImmigration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Employment Update: The Court Of Appeal Provides Guidance On The Forfeiture Of Equity Incentives Upon Dismissal

When an Ontario employer terminates an employee holding unvested Restricted Stock Units, can forfeiture clauses in equity agreements lawfully eliminate the employee's right to continued vesting during the statutory notice period? The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. addresses this critical question, examining whether such provisions impermissibly contract out of Employment Standards Act protections and what financial consequences employers face when equity forfeiture term
CanadaEmployment and HR
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (July 13 – 17, 2026)

The Ontario Court of Appeal issued four significant decisions addressing construction liens, labour picketing injunctions, and residential tenancy terminations. These rulings clarify holdback priority calculations under the Construction Act, establish when labour dispute notice requirements apply to secondary picketing, and reinforce mandatory disclosure obligations for landlord's own use evictions under the Residential Tenancies Act.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (September 7 – 11, 2026)

This comprehensive summary examines six significant civil decisions from the Ontario Court of Appeal, addressing critical issues in cyber insurance coverage, wrongful dismissal, real estate commission disputes, and municipal election compliance. The cases establish important precedents on contract interpretation standards, successor employer liability, and the scope of public oversight in campaign finance audits.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP