This is the March 2019 edition of the Lerners Netletter, covering the top 5 appeal decisions from the ONCA in February, selected by Bill Pepall, the leader of our Commercial Litigation Practice Group in Toronto. Bill has also provided a list of the top 5 golf schools and academies for those of you looking to sharpen your links game. Apart from the golf instruction, the accommodation and fare at each is superb.
The appeals featured include two cases where substantial real estate deposits were forfeited, a discussion of issue estoppel on a second crack at summary judgment that includes important jurisprudence on the Cooper duty of care analysis, the issue of resulting trust formulation in a common law matrimonial relationship, the dismissal of a claim on a US judgment of $451 million on the basis that it was brought too late, and a wrongful dismissal case in favour of an employee that included an award of both punitive and moral damages over and above 19 months notice damages, based on the outrageous conduct of the employer.
Much food for thought in these cases.
Earl A. Cherniak
Editor and Chair, Lerners Appeals Group