Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.
In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.
Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.
I hope everyone is enjoying the last long weekend of the summer.
Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.
Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.
Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.
Table of Contents
Civil Decisions
Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214
山东胜通集团股份有限公司(以下简称“胜通集团”)债券信息披露违法案是证监会2021年证监稽查20起典型违法案例之一,相关中介机构均被行政处罚,备受资本市场关注。日前,青岛市中级人民法院(下称“青岛中院”)对“胜通债”虚假陈述诉讼案作出一审判决。
本案系北京金融法院“大连机床”判例后债券虚假陈述诉讼领域的又一经典判例,一审判决诸多亮点值得点赞:(1)新《证券法》实施后全国法院首例认定债券虚假陈述造成的债券投资损失应为投资差额损失而非债券票面本息;(2)全国法院首例在债券虚假陈述案件中剔除系统风险和非系统风险所致债券投资损失;(3)充分考察债券价格、交易量变化,突破性地认定发行人“澄清公告”发布日为揭露日;(4)创新性地认定案涉债券市场并非有效市场,应以破产清偿金额来确定债券基准价。
该案判决对债券虚假陈述投资损失的认定,标志着我国债券虚假陈述损失的司法认定思路已开始理性回归“损害填平”的侵权责任本质。此外,该案判决对债券虚假陈述揭露日和基准价方面的认定,进一步丰富了人民法院审理债券虚假陈述专业性问题的实践,积累了宝贵经验,具有相当的前沿性和示范性。