Appellate Law

A Recent Court of Appeal Decision Underscores a Critical Deadline In Elizabeth Casey Cooke Family Trust v. Dioguardi, 2026 ONCA 85, the Ontario Court of Appeal delivered a decision that every estate beneficiary should be aware of. The case involved a will that contained a drafting error — the lawyer who prepared it failed to include a proper alternative disposition for a portion of the estate. By the time the affected beneficiaries tried to do something about it, it was too l

A Case That Could Change How We Think About Online Reviews In Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171, the Ontario Court of Appeal delivered a decision that has significant implications for anyone who has ever left — or been the target of — a negative online review. The case addresses a fundamental question: when someone posts a critical review of a business online, is that automatically a matter of "public interest" that is protected from defamation claims under

A criminal conviction can have life-altering consequences: imprisonment, a permanent criminal record, loss of employment, and damage to your reputation. But a conviction at trial is not necessarily the final word. If your trial was tainted by legal errors, you may be able to have the conviction overturned on appeal. Where Criminal Appeals Are Heard The route of appeal depends on the court that entered the conviction. Summary conviction appeals from the Ontario Court of Justic

If you are considering an appeal in Ontario, understanding the process can help reduce anxiety and set realistic expectations. The Ontario Court of Appeal is the province's highest court, hearing appeals from the Superior Court of Justice and, in some cases, from administrative tribunals. Here is what you can expect at each stage. Step 1: Filing the Notice of Appeal The appeal process begins with filing a Notice of Appeal at the Court of Appeal, typically within 30 days of th

Losing a court case can be devastating, but it does not always mean the fight is over. If a judge made a legal error, misapplied the law, or reached a decision that is clearly unreasonable, you may have grounds to appeal. Understanding when an appeal is available — and when it is not — is the first step toward deciding how to move forward. What Is an Appeal? An appeal is not a new trial. It is a review of the original court's decision by a higher court. The appellate court ex

McNutt v. Draycott, 2014 ONSC 5363 (Ontario Superior Court of Justice) A Family Divided Over an Elderly Father's Care Peter Draycott was 94 years old. Despite his age and a diagnosis of dementia, he still lived in his own home with two of his four children, Geoffrey and Yolis, who cared for him daily. He dressed himself every morning in a suit jacket, tie, and dress pants — "in case something comes up," he told his care worker. He climbed the stairs to his bedroom about ten t

Wright v. Lallion, 2024 ONSC 4132 (Divisional Court) A $35,000 Order Made Without the Tenants Present Marcus Wright and Giusina D'Ella were tenants who had been paying approximately $1,900 per month in rent since October 2020. In September 2022, their landlord gave notice of a rent increase to $5,000 per month. A dispute erupted over whether the increase was proper, and the tenants stopped paying rent. The landlord filed applications with the Landlord and Tenant Board to term

Smith, 2017 CanLII 26483 (Immigration Appeal Division) A Family's Future Hanging in the Balance A Canadian woman wanted to sponsor her husband to come to Canada. They had two Canadian-born children together. Their marriage was genuine — even the Minister of Citizenship and Immigration conceded that point at the hearing. But there was a problem: more than seventeen years earlier, her husband had a brush with the law that resulted in a finding of inadmissibility on the grounds

McDonald v. Robb, 2025 ONCA 71 (Court of Appeal for Ontario) A Property Claim Dismissed Without Anyone Asking Grace McDonald had a claim for adverse possession over lakefront property. The case was moving through the courts with various motions from both sides. A scheduling order was made in November 2023 setting filing deadlines. On January 19, 2024, the parties appeared before the motion judge. The respondent was requesting a timetable for the outstanding matters and potent

Greaves v. Royal Bank of Canada, 2019 FC 994 (Federal Court of Canada) A Long-Serving Employee Terminated and Then Silenced Colette Greaves had worked at the Royal Bank of Canada for nearly two decades as a Project Coordinator in the Global Technology Infrastructure division. In June 2016, she was informed that she would be terminated. By September 2016, her employment was formally ended. Ms. Greaves believed she had been discriminated against on the basis of her national or

Alsous v. Shahin, 2024 ONCA 358 (Court of Appeal for Ontario) When the Date of Separation Determines Everything In family law, the date of separation can have enormous financial consequences. It determines the valuation date for the division of property, the duration of spousal support obligations, and the scope of assets that fall within the equalization calculation. In this case, the parties fundamentally disagreed about when their marriage had ended — the wife argued it wa

12001721 Canada Inc. v. Switzer, 2023 ONSC 2676 (Divisional Court) A Claim Thrown Out at a Settlement Conference A numbered company owned a townhouse that it rented to a group of tenants. When the tenants vacated the property in July 2021, the landlord discovered significant damage. In October 2021, the landlord filed a claim in Small Claims Court in Milton seeking compensation for the damage. The matter came on for a settlement conference in January 2022 — not a trial, but a

L.L. v. Canada Employment Insurance Commission, 2021 SST 683 (Social Security Tribunal, Appeal Division) Lost in Translation: When a Bad Interpreter Costs You Your Benefits L.L. was an Employment Insurance claimant who was accused of knowingly providing false or misleading information about her claim. Based on this finding, the Canada Employment Insurance Commission cancelled her benefit period, issued a warning, and demanded repayment of a large overpayment. The General Divi

L.C. v. Minister of Employment and Social Development, 2018 SST 266 (Social Security Tribunal, Appeal Division) Disabled, Denied, and Running Out of Time L.C. had completed high school and some post-secondary education. She had worked until 1995 when she was laid off because she could not complete her duties, even light ones. She suffered from extreme fatigue, chronic pain from spinal injuries, nausea, dizziness, cognitive challenges, rage, head injuries, and post-traumatic s