By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued
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No Vague “Constellation of Contracts”: The Supreme Court Revisits Jurisdiction Simpliciter
By Caroline Swiderski Reviewed by Landan Peleikis In Sinclair v. Venezia Turismo, the Supreme Court of Canada clarified the test for jurisdiction simpliciter, particularly as it pertains to the final presumptive connecting factor provided by the Court in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (“Van Breda”) – whether a contract connected to … Continued
The Court of Appeal Clarifies Manufacturer Liability and Certification Threshold in Danforth Shooting Case
By Kiana Therrien-Tomas Supervised by Jessica DiFederico Introduction In Price v. Smith & Wesson Corporation[1] (“Price”), the Ontario Court of Appeal addressed the scope of tort liability in the context of firearm manufacturers and class actions. The case arose from the tragic 2018 Danforth shooting and considered whether a manufacturer could be held liable … Continued
The Court of Appeal Supports the Use of Pierringer Agreements as a Vehicle for Achieving Settlements in Complex Multi-Party Litigation
By Avery Cameron Supervised by Andrea LeDrew Introduction Cadieux v. Cadieux[1], is a 2025 Court of Appeal decision which considers when it is appropriate for the Court to decline approval of a Pierringer agreement. Justice George, writing for the panel, addressed the role of Pierringer agreements in facilitating settlements in complex multi-party litigation and … Continued
Reinforcing Certainty: The Court of Appeal Limits Arbitrator Discretion for Insurers under Ontario’s SABs regime
By Gary Cerriku and Douglas Treilhard In Echelon General Insurance Company v. Unifund Assurance, 2025 ONCA 324 (Echelon), the Ontario Court of Appeal clarified the proper interpretation of the regulation that governs disputes between automobile insurers over which insurer must pay Statutory Accident Benefits (“SABs”). Arbitrators adjudicating disputes under Regulation 283/95 (“Regulation 283”) of the … Continued
by Douglas Treilhard
The Court of Appeal Continues to Caution Against Using Rule 21 to Determine Limitations Issues
By Zachary Sherman and Linette King In Wyatt v. Mirabelli, the Court of Appeal has demonstrated the Court’s ongoing reluctance to strike out statute-barred claims under r. 21.01 of the Rules of Civil Procedure. In Davidoff v. Sobeys Ontario, the Court noted that it would only be in rare circumstances that a limitations issue could … Continued
by Linette King
Valuing Finality: Interpreting Continuous Acts in Municipal Negligence Claims
By: Bridget Irish Edited by: Jessica DiFederico In Huether v Sharpe, 2025 ONCA 140,[1] the Ontario Court of Appeal provided clarity on what constitutes a “continuous act or omission” for the purpose of barring a claim pursuant to the ultimate limitation period in section 15(2) of the Limitations Act (the “Act”). Section 15(2) of the … Continued
by Jessica DiFederico
Flexibility in Administrative Dismissals under the Class Proceedings Act
By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued
No Negligence Act, No Problem: Court of Appeal Affirms the Apportionment of Fault in Contract Cases
By: Zachary Sherman Edited by Grant Ferguson and Thomas Russell In Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP (“Arcamm”),[1] the Ontario Court of Appeal overturned a summary judgment motion where the issue of “contributory fault” in a contract dispute remained unsettled. Justice Gillese, writing for a panel of judges, … Continued