Category: Civil Litigation and ADR

“The Latest Word on Unjust Enrichment”

John O’Sullivan has provided an excellent summary of the Supreme Court of Canada’s latest case on unjust enrichment, Moore v. Sweet 2018 SCC 52:  “The Latest Word on Unjust Enrichment“. The Supreme Court of Canada itself has provided a “Case in Brief“. Camberwell House’s summary of what “unjust enrichment” is found here.

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What is a “constructive trust”?

Normally, when we think of a trust, we think of one specifically and deliberately set up: a trust fund for one’s children, for example.  This is an “express trust”. A “constructive trust“, however, is one which is a court declares exists or imposes onto parties despite the fact that there wasn’t a specific intention to […]

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Can materials disclosed in a civil action be used in a criminal one?

Heather Douglas examines exactly this question in her recent article, “Can Discovery Evidence Be Used in a Criminal Case?” on SLAW. The Division Court in S.C. v N.S., 2017 ONSC 5566 said that it was entirely up to the trial judge: [35] […] this plain reading of the Rule does not mean that the appellant […]

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Human Rights Tribunals: wider employment jurisdiction w/o clear limits

The complainant and Mr. Schrenk were working on a construction project for different employers. The complainant alleged that Mr. Schrenk made three derogatory statements relating to the complainant while on the worksite, and later sent offensive emails for which he was terminated. The question before the Supreme Court of Canada was a jurisdictional one: did […]

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Unjust Enrichment

Unjust enrichment is a doctrine for the compensation of one who has unjustly received a benefit from another in a manner that the law will correct. It is a principle of “equity”. Thomson-Carswell’s Dictionary of Canadian Law (3d ed) neatly summarizes the doctrine: “ An action for unjust enrichment arises when three elements are satisfied: […]

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A welcome win against excessive technicalities

Biancaniello v. DMCT LLP 2017 ONCA 386 Ontario’s Court of Appeal has struck a welcome blow for wide-ranging general language and against requiring excessive length and specificity in contracts.  The Court decided that clarified that “exceptionally comprehensive” language wasn’t necessarily required to release claims that were unknown at the time the release was signed. “[T]he language […]

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“Sometimes Legal Aid Is the Problem, Not the Solution”. Superb article.

Sometimes Legal Aid Is the Problem, Not the Solution

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A worrying case regarding summary judgment

Matt McCarthy of Filion, Wakely draws our attention to a recent Court of Appeal decision, Singh v. Concept Plastics Limited, 2016 ONCA 815.  In this case two employees brought wrongful dismissal suits under the Simplified Procedure, and they then sought summary judgment, which a motions court judge granted them.  An appeal by the employer set […]

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A judicial error on a fact doesn’t create a right of appeal

Justice Warkentin, on a motion for leave to appeal a Master’s order setting aside a default judgment, noted that the Master’s factual error on a date was not enough to merit an appeal when the Master had properly considered the relevant factors on the motion before him. Wine v. Karmiol et al., 2016 ONSC 3144 […]

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Remember this!

Courtesy of Nicole Nussbaum’s FB page:

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