In Sosnowski v. MacEwen Petroleum Inc., the Court appears to have unconvincingly dialed back how far the "appropriate means" test can go to extend the limitation period. In this case, the employee waited until he was acquitted of theft (which took six years, including appeals) before suing for wrongful dismissal (he had been fired for cause because of the alleged theft). I would have thought that on the basis of Winmill v. Woodstock (Police Services Board), 2017 ONCA 962, the limitation period would have been delayed until the acquittal. However, the Court did not see it that way, and distinguishedWinmillon the basis that the criminal charge of assault by the plaintiff against the police in that case was the other side of the same coin as the plaintiff's civil claim against the police for battery. In addition, the Court felt that it was important that the police's conduct was at issue in Winmill, while it was not in this case. With all due respect to the Court, I fail to see how the theft conviction was not the other side of the same coin to whether the plaintiff had been terminated for cause. If there is no theft, there is no cause. There also appears to be no principled basis to restrict the application of Winmillto situations where police conduct is in question. It is arguable that this decision and Winmillare in conflict, and that the Supreme Court ought to settle the debate of how far the "appropriate means" test should go.
In Hilson v. 1336365 Alberta Ltd., the Court confirmed that the limitation period to sue on guarantees of mortgage debts is ten years, not two years, even where the guarantees are "stand-alone" and not contained in the mortgage covenant actually registered on title.
Other topics covered this week included more wrongful dismissal.
Table of Contents
Civil Decisions
O'Reilly v. IMAX Corporation, 2019 ONCA 994
Keywords: Contracts, Interpretation, Employment, Wrongful Dismissal, Stock Option Plans, Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co., 2016 SCC 37, Sylvester v. British Columbia, [1997] 2 SCR 315, Kieran v Ingram Micro Inc.(2004), 189 O.A.C. 58
Rossman v. Canadian Solar Inc., 2019 ONCA 992
Keywords: Contracts, Interpretation, Employment, Wrongful Dismissal, Termination Clauses, Enforceability, Employment Standards Act, 2000, SO 2000, c 41, ss. 1(1), 5(1) and 57, Machtinger v. Hoj Industries Ltd., [1992] 1 SCR 986, Andros v. Colliers Macaulay Nicholls Inc., 2019 ONCA 679, Amberber v. IBM Canada Ltd., 2018 ONCA 571, Garreton v. Complete Innovations Inc., 2016 ONSC 1178, Dumbrell v. Regional Group of Companies Inc., 2007 ONCA 59
Hilson v. 1336365 Alberta Ltd., 2019 ONCA 1000
Keywords: Contracts, Real Property, Mortgages, Guarantees, Limitation Periods, Statutory Interpretation, Damages, Principle against Double Recovery, Real Property Limitations Act, R.S.O. 1990, c. L.15, s. 43(1), Limitations Act, 2002, S.O. 2002, c. 24, Interpretation Act, R.S.O. 1990, c. I.11, s. 4, Registry Act, R.S.O. 1990, c. R.20, s. 1, Land Registration Reform Act, R.S.O. 1990, c. L.4, s. 1
Sosnowski v. MacEwen Petroleum Inc., 2019 ONCA 1005
Keywords: Employment Law, Wrongful Dismissal, Civil Procedure, Limitation Periods, Discoverability, Appropriate Means, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 5(1)(a)(iv), Winmill v. Woodstock (Police Services Board), 2017 ONCA 962, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Markel Insurance Company of Canada v. ING Insurance Company of Canada, 2012 ONCA 218
Short Civil Decisions
Firstonsite Restoration Limited v. 4049 River Road GP Inc., 2019 ONCA 1007
Keywords: Insurance Law, Summary Judgment
Criminal and Regulatory Decisions
R. v. C., 2019 ONCA 986
Keywords: Criminal Law, Sentencing, Immigration, Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 126, Criminal Code, s. 718, R. v. Lacasse, 2015 SCC 64, R. v. Summers, 2014 SCC 26, R. v. A.G., 2015 ONCA 159, R. v. L.M., 2008 SCC 31, R. v. Downes (2006), 79 O.R. (3d) 321, R. v. Pomanti, 2017 ONCA 48
R. v. A., 2019 ONCA 988
Keywords: Criminal Law, Sentencing, Amicus, Charter of Rights and Freedoms, s. 11(b)
R. v. R., 2019 ONCA 996
Keywords: Criminal Law, Robbery, Firearms Offences, Assault, Fresh Evidence, Wrongful Conviction
R. v. S.L., 2019 ONCA 990
Keywords: Criminal Law, Weapons Offences, Fresh Evidence
R. v. B., 2019 ONCA 998
Keywords: Criminal Law, Firearms Offences, Sentencing, Mandatory Minimum, Ineffective Assistance of Counsel, Fresh Evidence, Criminal Code, s. 683(1), Controlled Drugs and Substances Act, S.C. 1996, c. 19, R. v. Wong, 2018 SCC 25, R. v. T.(R.) (1992), 10 O.R. (3d) 514 (C.A.), R. v. R.P., 2013 ONCA 53, R. v. Lyons, [1987] 2 S.C.R. 309, R. v. Cherrington, 2018 ONCA 653, R. v. Girn, 2019 ONCA 202, R. v. Rulli, 2011 ONCA 18
R. v. B., 2019 ONCA 989
Keywords: Criminal Law, Sentencing, Criminal Code, s. 719, R. v. Duncan, 2016 ONCA 754, R. v. U.A., 2019 ONCA 946
R. v. C-C., 2019 ONCA 1002
Keywords: Criminal Law, Dangerous Driving Causing Death, Dangerous Driving Causing Bodily Harm, Right to Speedy Trial, Waiver, Fresh Evidence, Canadian Charter of Rights and Freedoms, ss 11(b) R. v. Hazout, (2005), 199 C.C.C. (3d) 474 (Ont. C.A.), R v McNeil, 2009 SCC 3
R. v. D., 2019 ONCA 993
Keywords: Criminal Law, Sentencing
R. v. L., 2019 ONCA 1001
Keywords: Criminal Law, Possession for the Purpose of Trafficking, Agreed Statement of Facts, Evidence, Admissibility, Out of Court Statements, Sentencing, Criminal Code, s. 655, R. v. Bradshaw, 2017 SCC 35, R. v. Bosley (1992), 59 O.A.C. 161 (C.A.)
R. v. P-M., 2019 ONCA 997
Keywords: Criminal Law, Possession for the Purpose of Trafficking, Sentencing, R. v. Lacasse, 2015 SCC 64
Ontario (Labour) v. N., 2019 ONCA 999
Keywords: Criminal Law, Provincial Offences, Labour and Employment, Occupational Health and Safety, Criminal Negligence Causing Death, Right to Speedy Trial, Jordan Application, 11(b) Application, Unreasonable Delay, Presumptive Ceiling, Criminal Code, Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Provincial Offences Act, R.S.O. 1990, c. P.33, s. 131(1), R. v. Jordan, 2016 SCC 27, R. v. J.M., 344 C.C.C. (3d) 217, R. v. K.G.K., 2019 MBCA 9, R. v. Jurkus, 2018 ONCA 489, R. v. Majeed, 2019 ONCA 422, R. v. Regan, 2018 ABCA 55, R. v. Saikaley, 2017 ONCA 374
R. v. C., 2019 ONCA 1004
Keywords: Criminal Law, Sentencing
R. v. S., 2019 ONCA 1008
Keywords: Criminal Law, Firearms Offences, Possession of a Controlled Substance, Unreasonable Search and Seizure, Search Warrants, Criminal Code, ss. 86(1), 95(1), Canadian Charter of Rights and Freedoms, ss. 8, 10(b), 24(2), R. v. Paterson, 2017 SCC 15
R. v. A., 2019 ONCA 1006
Keywords: Criminal Law, Terrorism, Statutory Interpretation, Not Criminally Responsible, Criminal Code, s. 83.2, Anti-terrorism Act, S.C. 2001, c. 41, (Re), 2004 SCC 42, Re Rizzo & Rizzo Shoes Ltd., [1998] 1 S.C.R. 27, Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, R. v. Khawaja, 2010 ONCA 862, United States of America v. Nadarajah, 2010 ONCA 859, R. v. Ansari, 2015 ONCA 575, R. v. Venneri, 2012 SCC 33, Winters v. Legal Services Society, [1999] 3 S.C.R. 160, R. v. Katigbak, 2011 SCC 48, R. v. Zeokowski, [1989] 1 S.C.R. 1378, Ontario v. Canadian Pacific Ltd., [1995] 2 S.C.R. 1031, R. v. Daoust, 2004 SCC 6, Opitz v. Wrzesnewskvj, 2012 SCC 55
R. v. T., 2019 ONCA 1011
Keywords: Criminal Law, Possession for the Purpose of Trafficking, Garofoli Hearing, Search Warrants, Sentencing, R. v. Araujo, 2000 SCC 65
Ontario Review Board Decisions
M (Re), 2019 ONCA 1003
Keywords: Ontario Review Board, Not Criminally Responsible, Criminal Code, s. 672.54, R. v. Lamanna, 2009 ONCA 612, Mazzei v. British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, Re Collins, 2018 ONCA 563, R. v. Ferguson, 2010 ONCA 810, Dunsmuir v. New Brunswick, 2008 SCC 9, Re Foote, 2019 ONCA 731, Re Woods, 2019 ONCA 87, Re Krivicic, 2018 ONCA 535, Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625
G (Re), 2019 ONCA 1009
Keywords: Ontario Review Board, Not Criminally Responsible, Mental Health Act, R.S.O. 1990, c. M.7, s. 20, R. v. Winko, [1999] 2 S.C.R. 625
M (Re), 2019 ONCA 1010
Keywords: Ontario Review Board, Not Criminally Responsible
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