appeal Tag Archives

Labelle v. Canada (Border Services Agency), 2016 ONCA 187

This appeal to set aside the dismissal order was allowed on the basis that prejudice to the defence existed regardless of the Appellant’s delay. The factor of delay by itself is not sufficient to deny the Appellant’s request to reinstate the action.

Transition to the LAT

The LAT is set to begin receiving applications for SABS disputes on April 1. OTLA is addressing significant concerns about the transition, specifically an insured’s ability to access the new dispute resolution process.

Puri Consulting Limited v. Kim Orr Barristers PC, 2015 ONCA 727 (CanLII)

In this appeal, the Court of Appeal found that even if the plaintiff’s offer to settle does not specifically provide for the inclusion of costs, the plaintiff would be entitled to it pursuant to rule 49.07(5)(b). Further, even if words in the offer are believed to be ambiguous or unambiguous, the meaning of those words can only be properly ascertained by considering the entire context in which the offer was made.

Fernandes v. Araujo, 2015 ONCA 571

Released August 10, 2015 | CanLII After 62 Years, Court of Appeal Admits it was Wrong A five-judge panel of the Court of Appeal just over-ruled its own decision from 1953 on vicarious liability of the owner of a vehicle being driven on the highway. This week, the Court released its decision in Fernandes v. Araujo (2015 ONCA 571) about the liability of the owner of …