Justice Kurz’s recent decision, McNeil v. Kaloustian, highlights some of the risks associated with obtaining a Certificate of Pending Litigation (commonly known as a “CPL”) without notice. A CPL is a document registered on title to a property to provide a notice and warning to the public that the property is subject to a court dispute. Registering a CPL has the practical effect of restraining all dealings with the property (financing, mortgaging, sale, etc.).

The Supreme Court of Canada in Smith v. Jones described solicitor-client privilege as the highest privilege recognized by the courts. In its recently issued judgement in Continental Bank of Canada v. Continental Currency Exchange Canada Inc. 2022 ONSC 647 CanLII, the Superior Court of Justice underscored the sanctity of the privilege and provided a stark reminder to litigants of the powerful remedies available to the court when an opposing party accesses confidential and privileged information which is relevant to the issues in the litigation.

One of the most frustrating times for litigants is when a court issues an order against their adversary and it is ignored with impunity. In many cases, the non-compliant litigant is given several chances to adhere to the court’s order without facing sanctions. Watching your adversary flout the rules and treat court orders as suggestions can make the innocent litigant feel as if the court’s orders can be undermined or ignored. This angst gives rise to frustration, bewilderment and the question: is there a way to deal (effectively) with parties that disregard court orders?

This blog seeks to explore and review “boomerang” and “partial” summary judgment motions, as well as to provide a brief overview on summary judgment motions in general.