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CBA Civil Litigation Section

CBA Civil Litigation Section articles are published under the banner Civil Writes. Members interested in posting articles are encouraged to send them to the Section’s Communications Officer.

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Case summary: Appellants should have leave to amend statement of claim

July 12, 2017
John Polyzogopoulos and Lea Nebel

Kondratiev v Boyko, 2017 ONCA 444

Case summary: Pawnbroker’s claim to diamond trumped, but no clear winner

July 12, 2017
John Polyzogopoulos and Lea Nebel

Floward Enterprises Ltd. (H. Williams and Co.) v Winberg Estate, 2017 ONCA 448

Case summary: Confirming jurisdiction in slip and fall case

July 11, 2017
John Polyzogopoulos and Lea Nebel

Letestu Estate v Ritlyn Investments Ltd., 2017 ONCA 442

Case summary: No security costs awarded because action not frivolous

July 11, 2017
John Polyzogopoulos and Lea Nebel

Berman v Berman, 2017 ONCA 447

Protests and injunctions: is the presence of journalists a material fact for the court?

July 10, 2017
Joe Thorne and Amanda Whitehead

Note: This article was originally published on the Stewart McKelvey website and is reprinted with permission from the authors.

Bench and Bar: Observations from the front row

July 10, 2017
David Demirkan

In preparation for the May 5, 2017 meetings of the Federal Court Bench and Bar Liaison Committee and the Federal Court of Appeal Bench and Bar Liaison Committee, I asked the members of the Canadian Bar Association’s National Civil Litigation Section Executive1 for some constructive feedback to pass on to the judges.

Outcome of motions to strike inconsistent in cases of Student v Post-secondary Institution

April 06, 2017
Andrew Sain

Students throughout Canada commonly sue post-secondary educational institutions with respect to academic matters. Actions brought by students against their university or college are almost universally framed in terms of breach of contract, negligence, and/or breach of fiduciary duty.

Disclosure obligations in Unifund Assurance Company v Churchill

March 30, 2017
Joe Thorne and Justin Hewitt

In Unifund Assurance Company v Churchill the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in the context of litigation arising from a car accident.

Confirmation and resetting limitation periods in Tuck v Supreme Holdings

March 30, 2017
Joe Thorne and Giles Ayers

Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure and to plan accordingly.

Why can't we be friends? Lessons on corporate dissolution from Smith v Hillier

March 30, 2017
Joe Thorne and Clara Linegar

As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process?

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CBA Civil Litigation Section

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