“My favourite poem is the one that starts ‘Thirty days hath September' because it actually tells you something” - Groucho Marx
Our September netletter also aims to actually tell you something, aside from the fact that September 8th was the 50th anniversary of the premiere of the original “Star Trek” series. To wit: over the summer the Court of Appeal released decisions addressing the extent of provincial superior courts' jurisdiction over matters involving the federal Crown, a rare instance in which a proprietary remedy for unjust enrichment was upheld, clarification of the role of experts in relation to credibility, a “carriage dispute” over the right to represent class members in a securities class action, and the appropriateness of a class action for negligent misrepresentation.
While not included in the top five cases, an honourable mention goes to Spiro v. Koc, 2016 ONCA 592 which stands for the proposition that parties departing from a job and the employee lottery pool take with them only the good memories, not the proceeds realized on the lucky ticket that was bought with a prize ticket won earlier, when they were still in the lottery pool. It turns out that timing really is everything.
This month's author, Bryan Smith, also brings you his timely list of the top five things about September (in Toronto, anyway).
Stuart Zacharias
Editor and Chair, Appellate Practice Group