Lerners LLP Partner, Brian Radnoff,
summarizes the Top 5 Decisions from the Ontario Court of Appeal
from May 2014.
1. Di Michele v. Di Michele, 2014 ONCA 261 (CanLII) - Court of
Appeal speaking to the power of an estate trustee to mortgage
property
2. Lavoie v. T.A. McGill Mortgage Services Inc., 2014 ONCA 257
(CanLII) - Ontario Court of Appeal voids a professional liability
insurance policy for misrepresentations at the time the policy was
arranged.
3. R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc.,
2014 ONCA 278 (CanLII) - Ontario Court of Appeal considered which
of two Arbitration Acts applied to an arbitration that the parties
had undertaken. It mattered because each act had a different
limitation period governing when proceedings could be launched in
Court to challenge the arbitration decision.
4. Bondy v. London (City), 2014 ONCA 291 (CanLII) - Court of Appeal
considered the issues of the standard of care owed by
municipalities in relation to road maintenance is elevated in
relation to a public highway which has pedestrian traffic. The
Court of Appeal found that it was not elevated on that basis.
5. Verch Estate v. Weckwerth [2014] O.J. No. 2092 - The Ontario
Court of Appeal considered whether beneficiaries who were not
dependents of the testator at the time of his death, and had been
excluded from a will could make a claim against the assets of the
estate and concluded that there was no moral obligation on the
testator to provide for people who were not dependents.
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.
