We start the 2019 series of Netletters with a sampling of five (actually six) top appeals from the ONCA in December 2018. The decisions, selected by Stuart Zacharias, deal with such varied issues as the proper approach to deduction and assignment of statutory accident benefits under the Insurance Act, specific performance in the context of a commercial real estate purchase agreement, re-affirmation of the general prohibition against partial summary judgment and an interesting gloss on the Supreme Court’s call for a “culture shift” with respect to summary judgment, disclosure obligations in speeding prosecutions under the Provincial Offences Act, and what is believed to be the ONCA’s first application of the Supreme Court of Canada’s decision in Groia v. Law Society of Upper Canada on the issue of a lawyer’s conduct, reversing a motion decision that statements by counsel at a pre-trial conference amounted to civil fraud.
What better way to enjoy 2019 than with some good reads (and listens) from the world of history, war and spies, selected by Earl Cherniak.
Earl Cherniak
Editor and Chair, Lerners Appellate Advocacy Group