Practice – Interlocutory motions to stay implementation of regulations pending final decision on appeals and to delay implementation if appeals dismissed – Leave to appeal granted shortly after applications to stay heard – Whether the applications for relief from compliance with regulations should be granted – Tobacco Products Control Act, S.C. 1988, c. 20, ss.… Continue reading RJR – MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311
Practice Motion to strike Action brought by person suffering from disease allegedly caused by exposure to asbestos fibres Allegation of conspiracy to withhold information of potential health risks Allegations of other nominate torts Circumstances in which a statement of claim (or portions of it) could be struck out Whether allegations based on the tort of… Continue reading Hunt v. Carey Canada Inc., [1990] 2 S.C.R. 959
Civil procedure — Third party claims — Motion to strike — Tobacco manufacturers being sued by provincial government to recover health care costs of tobacco related illnesses, and by consumers of “light” or “mild” cigarettes for damages and punitive damages — Tobacco companies issuing third party notices to federal government claiming contribution and indemnity —… Continue reading R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, [2011] 3 S.C.R. 45
[1] In my Reasons for Decision dated May 27, 2010 in DUCA Financial Services Credit Union Ltd. v. Bozzo, 2010 ONSC 3104, I dismissed the claim of the plaintiff (“Duca”) that a January 29, 1988 trust declaration executed by the defendant Albert Bozzo was a sham and void or alternatively, was void because of the… Continue reading DUCA Financial Services Credit Union Ltd. v. Bozzo, 2010 ONSC 4601 (CanLII)
Family law — Support — Child support — Variation — Minutes of settlement executed in late 1996 providing for variation of child support in event of material change in circumstances — Father stating in contemporaneous sworn financial statement that he did not anticipate any material changes to information contained in statement — Father cashing in… Continue reading Marinangeli v. Marinangeli, 2003 CanLII 27673 (ON CA)
Rogers J.: [1] The applicant wife in this proceeding seeks an order pursuant to Rule 24(12) of the Family Law Rules. She requests interim disbursements to pay for a review of a valuation of items on the husband’s net family property statement and for legal fees. The Family Law Rules [2] Rule… Continue reading Stuart v. Stuart, 2001 CanLII 28261 (ON SC)
Family law — Family assets — Separation agreements — Unconscionability — Husband knowingly exploiting wife’s mental fragility and giving misleading financial information, resulting in negotiated equalization payment that fails to reflect objectives of governing legislation or parties’ intention to divide assets equally — Whether separation agreement unconscionable — Role of professional assistance in compensating for… Continue reading Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295
Family law Property Constructive trust Wife contributing to accumulation of assets held in husband’s name Family Law Act, 1986 providing for equal division of value of family assets as determined on valuation day Assets appreciating significantly after valuation day Whether or not the constructive trust applicable where the Family Law Act, 1986 provides a remedy… Continue reading Rawluk v. Rawluk, [1990] 1 S.C.R. 70
Family law Trusts Constructive trust Long-term common law relationship Unpaid homemaker Homemaker maintaining and improving property Whether proprietary link necessary to constructive trust established Whether consideration to be given to the extent to which the remedy of constructive trust should be applied in terms of amount or proportion. Trusts Constructive trust Long-term common law… Continue reading Peter v. Beblow, [1993] 1 S.C.R. 980
Family law — Common law spouses — Property — Unjust enrichment — Monetary remedy — Whether monetary remedy restricted to quantum meruit award — Whether evidence of joint family venture should be considered in conferring remedy — Whether mutual benefit conferral and reasonable expectations of parties should be considered in assessing award. Family law… Continue reading Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269
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