OBA Civil Litigation PROGRAM | Original Program Date: February 26, 2018

Another year has passed and the Court of Appeal has heard from many litigants. Join us to hear from The Honourable Justice Gloria Epstein and counsel who acted on some of the “top” civil litigation appeals decided by Ontario’s top court last year. You will hear diverse points of view during our insightful discussion of the Court’s decisions. All civil practitioners, whether in-house or external counsel, will benefit from the topics and issues that will be examined here. We will analyze decisions that touch on the law of discoverability, unjust enrichment, constructive trusts and contingency fee agreements!

Register now and stay up to date on the latest jurisprudence from Ontario’s highest court.

Update from the Bench
The Honourable Gloria L. Epstein, Court of Appeal for Ontario

Presidential MSH Corporation v. Marr, Foster & Co LLP - Discoverability and Limitation Periods
Allan Sternberg, Rickets Harris LLP
Daniella Murynka, Law Clerk, Federal Court of Canada
Michael Girard, Girard Counsel P.C.

• Discuss the discoverability doctrine within the scope of professional relationships
• Understand when a legal proceeding is an “appropriate means” to seek a remedy under s. 5 of the Limitations Act, 2002
• How may alternative processes for resolution suspend the running of the clock?
• What does this mean for professional negligence claims and limitation period defences?

Moore v. Sweet - Unjust Enrichment and Constructive Trusts
Jeremy Opolsky, Torys LLP
David M. Smith, Hull & Hull LLP

• How have the principles of unjust enrichment be applied since Pettkus v. Becker?
• Explore the facts and arguments in Moore v Sweet from an insider’s perspective
• Is there a third category of constructive trust - the “good conscience trust”?

Hodge v Neinstein - Contingency Fee Agreements
Bevin Shores, Hughes Amys LLP
Audrey P. Ramsay, Blouin Dunn LLP
Peter Waldmann, Barrister & Solicitor

• Understand the concept of contingency fees and their historical development in Ontario.
• Explore the facts and arguments in Hodge v Neinstein from an insider’s perspective
• Are reforms needed to regulate contingency fees? What are the current recommendations for reform and potential amendmentsto the Solicitors' Act 

PROGRAM CHAIRS

John Polyzogopoulos, Blaney McMurtry LLP
Lea Nebel, Blaney McMurtry LLP