The top 5 Court of Appeal decisions from October, as selected by this month’s Netletter author, Carolyn Brandow, deal with the test for determining jurisdiction over absent foreign claimants in a class action, the test for setting aside a discontinuance, the requirement of proper notice to terminate a lease, the interpretation of a termination clause in an employment contract, and the circumstances in which an insured is entitled to representation by independent counsel who does not report to or take instructions from the insurer.
In addition, an honourable mention goes to Butera v. Chown, Cairns LLP, 2017 ONCA 783, in which the Court of Appeal clarified that motions for partial summary judgment should be a “rare procedure”, reserved for issues that may be readily bifurcated and dealt with expeditiously and in a cost effective manner.
With the holidays just a month away, Carolyn also brings you her top 5 suggested ways to take a break and still learn something (another honourable mention: reading our Netletter).
Stuart Zacharias
Editor and Chair, Lerners Appeals Group