Lerners LLP appellate lawyer, Brian Radnoff, provides a summary
of Lerners Top 5 Ontario civil appeals decisions from October
2012.
1) Georgian Bluffs v. Moyer- This case involves the issue of when
a municipality is liable for the trespass when it attempts to clear
trash from a right of way, the appropriate measure of damages for
the trespass and who should pay the cost of proceeding.
2) McCarthy Tétrault v. Guberman-- This case answers the
question of a client can assess or challenge their lawyers account
when the client agreed to pay the lawyer's account and the
statutory provisions for assessing a lawyer's account do not
apply.
3) SA Capital Growth v. Mander- An important appeal for
receivership proceedings. It deals with who is considered an
interested party in a receivership and when parties in receivership
proceedings are entitled to obtain documents, particularly when
they want them for other proceedings.
4) Sazant v. College of Physicians and Surgeons- An important case
for administrative bodies, particularly dealing with professional
regulation. The Court of Appeal determined whether s. 8 of the
Charter (unreasonable search and seizure) applies to investigations
by the College of Physicians and Surgeons and summons powers their
investigators have. The Court of Appeal determined that the summons
power is constitutional.
5) Duchesne v. St. Denis- This is a complicated decision dealing
with a limitation act issue: when a limitation period starts to run
for a minor. The Court deals with the issue of whether two parties
could be added to personal injury litigation and the Court of
Appeal made comments about when a minor discovers a claim for the
purpose of limitation period.
Originally published 23 November 2012
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
