Click here if you are having trouble viewing this message.
 
 
Lerners' Monthly Lists
October 2018
 
 
The Top 5 (actually Top 6) Court of Appeal decisions from October, as selected by this month’s Netletter author, Kirk Boggs, deal with the duty of care owed by auditors to shareholders, a jurisdictional issue arising in a custody dispute, a “mass termination” under the Employment Standards Act, 2000, alleged non-repair of a municipal road, and the Attorney General of Ontario’s motion for a stay pending appeal with respect to the order that Bill 5 – which changed the ward structure for Toronto’s 2018 municipal election – violated the Charter.
 
It turns out that four of the six decisions were released on September 19th. For your reading pleasure, Kirk unearthed five historic decisions or other things that occurred on that day.

Stuart Zacharias
Editor and Chair, Lerners Appeals Group
 

In This Issue
 
 
Top 5 Civil Appeals from the Court of Appeal
 
1. Lavender v. Miller Bernstein LLP, 2018 ONCA 729 (Epstein, van Rensburg and Brown JJ.A.), September 5, 2018
 
2. Kunuthur v. Govindareddigari, 2018 ONCA 730 (Sharpe, Juriansz and Roberts JJ.A.), September 10, 2018
 
3. Wood v. CTS of Canada Co., 2018 ONCA 758 (Hoy A.C.J.O., Brown and Trotter JJ.A.), September 19, 2018
 
4. Smith v. Safranyos, 2018 ONCA 760 (Strathy C.J.O., Roberts and Paciocco JJ.A.), September 19, 2018; Chiocchio v. Hamilton (City), 2018 ONCA 762 (Simmons, Huscroft and Miller JJ.A.), September 19, 2018
 
5. Toronto (City) v. Ontario (Attorney General), 2018 ONCA 761 (Hoy A.C.J.O., Sharpe and Trotter JJ.A.), September 19, 2018
  
 
Top 5 Civil Appeals from the Court of Appeal
 
1. Lavender v. Miller Bernstein LLP, 2018 ONCA 729 (Epstein, van Rensburg and Brown JJ.A.), September 5, 2018

In this appeal, which arose from a class action brought on behalf of shareholders in a public company against the company’s auditors for allegedly failing to properly audit the corporation’s OSC filings, the Court of Appeal considered the issue of the duty of care owed by auditors to shareholders.  more...

2. Kunuthur v. Govindareddigari, 2018 ONCA 730 (Sharpe, Juriansz and Roberts JJ.A.), September 10, 2018

This custody dispute concerning the parties’ thirteen year old son raises an interesting jurisdictional issue. 
 
Srichand Reddy Kunuthur and Deepti Govindareddigari married in 2004. They relocated to the United States shortly thereafter, and had a son while living there. The family moved to Brampton, Ontario in 2011 and became permanent residents of Canada. In April 2013, while the respondent father was away on business, the appellant mother took their son to India to visit her mother. When the father returned home, all of their son’s personal belongings were gone.  more...

3. Wood v. CTS of Canada Co., 2018 ONCA 758 (Hoy A.C.J.O., Brown and Trotter JJ.A.), September 19, 2018
 
This appeal arose from the closure of a manufacturing plant operated by CTS of Canada Co. 

On April 17, 2014, CTS gave written notice to its employees that it was closing its Streetsville, Ontario plant and that their employment would terminate on March 27, 2015. It subsequently extended the termination date for most employees to June 26, 2015.  more...
 
4. Smith v. Safranyos, 2018 ONCA 760 (Strathy C.J.O., Roberts and Paciocco JJ.A.), September 19, 2018; Chiocchio v. Hamilton (City), 2018 ONCA 762 (Simmons, Huscroft and Miller JJ.A.), September 19, 2018
 
Last month, the Court of Appeal decided two cases involving motor vehicle accidents in the City of Hamilton. In both cases, the plaintiffs claimed against the City for non-repair of a highway.  more...
 
5. Toronto (City) v. Ontario (Attorney General), 2018 ONCA 761 (Hoy A.C.J.O., Sharpe and Trotter JJ.A.), September 19, 2018

The Court of Appeal was tasked with determining – in great haste – whether to grant the Attorney General of Ontario’s motion for a stay pending an appeal of the order of the Superior Court of Justice that Premier Doug Ford’s Better Local Government Act is in violation of the Charter and therefore of no force and effect.  more...


Top 5 historic events on September 19th
After consulting various searches it turns out quite a bit has happened over the years on September 19th. Without wishing to make light of it, like many days of our news, a large portion of the events recorded are tragic and involve either war, random violence or unfortunate natural disasters inflicted on various parts of our planet. Having sifted through the various recorded events I did, however, find five events which I share with you in no particular order of priority, other than chronologically, which still resonate today. 

1893 – New Zealand becomes the first country in the world to grant women the right to vote. By comparison, in Canada, the right to vote for women would come slowly and in stages. While the right to vote was recognized at the provincial level in some provinces in 1916, it was not until 1917 that the Military Voters Act allowed nurses and women in the armed services to vote. Then, shortly thereafter, the Wartime Election Act extended the vote to women who had husbands, sons or fathers serving overseas. Finally, on January 1, 1919, all women over 21 were granted the right to vote. In the United States, the 19th Amendment to the U.S. Constitution granted American women the right to vote, on August 18, 1920. In England, while voting rights were extended to a limited group of women in 1918, it was not until 1928 that a full right to vote was granted to all women over 21.

1903 and 1988 – Like our two Hamilton road cases, two related events with respect to free trade occurred on this date. In 1903, Henri Bourassa, Quebec publisher and a member of parliament in the Laurier government, proposed a free trade treaty with the United States. Eighty-five years later on this date Bourassa’s idea was finally achieved when the U.S. Senate ratified the Canada-U.S. Free Trade Agreement by a vote of 83-9. The agreement took effect January 1, 1989.
 
1952 – The “Adventures of Superman” starring George Reeves premieres on network TV. It will run for six seasons with a total of 104 episodes created. The show, which was sponsored by Kellogg’s cereals, was a huge hit, with several generations of children, including the writer, humming and singing along with the opening bars of “The Superman March” – “Faster than a speeding bullet! More powerful than a locomotive! Able to leap tall buildings in a single bound! Look! Up in the sky! It's a bird! It's a plane! It's Superman!”. The series is now viewed as the creative foundation from which most all superhero TV and movies originated. 

1980 – In a special ceremony held in Port Coquitlam, BC, Terry Fox receives the Companion of the Order of Canada from Governor General Ed Schreyer. At age 22 he is the youngest recipient of the award. Mr. Fox had started his Marathon of Hope on April 12, 1980 in St John’s, Newfoundland. On September 1st, 143 days and 5,373 kilometres later he was forced to abandon his cross-country journey outside Thunder Bay. By that time he has captured the imagination of the whole country. The press described the national response to his marathon as “one of the most powerful outpourings of emotion and generosity in Canada's history”. While Mr. Fox passed away on June 28, 1981, the annual Terry Fox Run has now generated over $750 million for cancer research.

2003 – Ending years of uncertainty dating back to before Confederation, the Supreme Court in R. v. Powley rules that non-treaty Métis people are a distinct native group with a constitutionally protected right to hunt for food as recognized under section 35 of the Constitution Act, 1982. This decision will later form the foundation for the Supreme Court’s 2016 decision in Daniels v. Canada (Indian Affairs and Northern Development), which declared that Métis and non status Indians are “Indians” under  s. 91(24)  of the Constitution Act, 1867 and, accordingly, entitled to all rights and remedies accorded to other First Nations peoples.


© Copyright 2018 Lerners Appeals Group
      Click here to manage your subscription preferences or to opt out.
       
   Lerners LLP, 130 Adelaide Street West, Suite 2400, Toronto, Ontario, Canada M5H 3P5
Lerners LLP, Box 2335, London, Ontario, Canada N6A 4G4
 
To ensure you continue to receive our emails, please add us to your address book or trusted list.