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- Legal Advice Does Not Amount to a Material Fact Stopping Limitation Clock
In Wiebe v. Johnson & Johnson Inc, 2026 ONCA 597, the Court of Appeal dismissed three appeals from summary judgments on the basis that the product-liability claims concerning implanted hernia mesh were statute-barred pursuant to the Limitations Act. The Court held that the Appellants knew or ought t … Read more »
- Court of Appeal Upholds that Payment Obligations are Not Created When You’re Not a Party to a Contract or Weren’t Consulted
In the case of Fernbrook Homes (Bass Lake) Limited v. Cameron Stephens Mortgage Capital Ltd., 2026 ONCA 603, the Court of Appeal held that changes to how contractual services will be delivered without consulting the counterparty or amending the contract, does not create payment obligations under agr … Read more »
- Defamation Fair Comment Defence Upheld by Court of Appeal in Media Company’s Broadcast and Publication of Union’s Participation in Demonstration
In Canadian Union of Postal Workers v. Quebecor Media Inc., 2026 ONCA 562, the Court of Appeal dismissed the Canadian Union of Postal Workers’ (“CUPW”) appeal from the trial judge’s dismissal of their defamation action. CUPW brought an action against the respondent, Quebecor Media Inc. (“Quebecor”) … Read more »
- Repeated Property Transfer Breaches Will not be Tolerated by Court of Appeal
In Paterson Veterinary Professional Corporation v. Stilton Corp. Ltd., 2026 ONCA 590, the Court of Appeal upheld an order to transfer property title after two refusals to close, noting that the would-be seller repeatedly breached its contractual obligations. This proceeding involved an agreement of … Read more »
- Mitigating damages in a failed closing of a pre-construction house purchase agreement: Eyelet Investments Corp v Lin Zhou
When a purchaser of a real estate property fails to close and the vendor takes reasonable steps to sell the property at arm’s length, the measure of damages is usually the difference between the contract price and the resale price. However, as in Eyelet Investments, this is not always the case. A ve … Read more »