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Lerners' Monthly Lists
January 2018
 
It’s not even February yet, but as I write this on “Blue Monday” I can’t resist a quote from Groundhog Day: “I’ll give you a winter prediction: it’s gonna be cold, it’s gonna be grey, and it’s gonna last you for the rest of your life”.
 
But first, the Court of Appeal’s December decisions. The Top 5 selected by this month’s Netletter author, Brian Radnoff, deal with a successful oppression action brought by a court-appointed monitor, the limitation period for claims for wrongful dismissal and severance pay, an order for Crown wardship, partial summary judgment in the context of insurance coverage, and the assessment of damages following a failed commercial property transaction.
 
In addition, exploding any lingering notions of Toronto-centric elitism, Brian brings you his picks for the Top 5 Toronto restaurants.
 
Bon appétit, and wishing everyone a healthy and successful 2018!

Stuart Zacharias
Editor and Chair, Lerners Appeals Group
 

In This Issue
 
 
Top 5 Civil Appeals from the Court of Appeal
 
1. Children's Aid Society of the Regional Municipality of Waterloo v. C.T., 2017 ONCA 931 (MacFarland, Watt and Benotto JJ.A.), December 1, 2017
 
2. DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONCA 961 (Rouleau, Benotto and Roberts JJ.A.), December 7, 2017
 
3. Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONCA 1004 (Hourigan and Brown JJ.A. and Himel J. (ad hoc)), December 19, 2017
 
4. Ernst & Young Inc. v. Essar Global Fund Limited, 2017 ONCA 1014 (Blair, Pepall and van Rensburg JJ.A.), December 21, 2017
 
5. Toronto-Dominion Bank, N.A. v. Lloyd’s Underwriters, 2017 ONCA 1011 (Simmons, Brown and Fairburn JJ.A.), December 21, 2017
  
 
Top 5 Civil Appeals from the Court of Appeal
 
1. Children's Aid Society of the Regional Municipality of Waterloo v. C.T., 2017 ONCA 931 (MacFarland, Watt and Benotto JJ.A.), December 1, 2017
 
This decision demonstrates the difficulty when a judge determines that the justice system has failed and something should be done for the litigants. While one may sympathize with the judge’s concerns, this is a recipe for a decision that will get overturned on appeal.  more...

2. DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONCA 961 (Rouleau, Benotto and Roberts JJ.A.), December 7, 2017
 
This appeal emphasizes the important damages principle that the injured party should be put in the position it would have been in but for the breach. This includes examining the consequences of the injured party breaching the contract on which it has sued.  more...

3. Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONCA 1004 (Hourigan and Brown JJ.A. and Himel J. (ad hoc)), December 19, 2017

This appeal dealt with when the limitation period commences in wrongful dismissal actions and claims for severance pay.  more...
 
4. Ernst & Young Inc. v. Essar Global Fund Limited, 2017 ONCA 1014 (Blair, Pepall and van Rensburg JJ.A.), December 21, 2017
 
This appeal arose from a successful oppression action brought by a monitor amid the restructuring of Essar Steel Algoma Inc. (“Algoma”), one of Canada’s largest integrated steel mills. The decision confirms the standing of a monitor to bring an oppression claim.  more...

5. Toronto-Dominion Bank, N.A. v. Lloyd’s Underwriters, 2017 ONCA 1011 (Simmons, Brown and Fairburn JJ.A.), December 21, 2017
 
This is an important decision on the circumstances when partial summary judgment can be granted, particularly in the context of contract interpretation and insurance coverage issues.  more...
Top 5 Restaurants in Toronto
Toronto is fortunate to have a vibrant and eclectic dining scene. In terms of the variety of the cuisines, there are few cities in North America that can match Toronto. Toronto also has excellent high quality dining. While we may not be in the same league as cities like New York, Chicago and San Francisco, there are excellent restaurants in Toronto that are as good as some of the finest restaurants at which I have eaten. As someone who is often asked by people who live outside and inside Toronto for restaurant recommendations, below is my highly subjective list of the current top five restaurants in Toronto (not the hottest or newest restaurants): 
 
1. Alo
 
Since it opened in 2015, this has been Toronto’s finest restaurant. Located on the third floor of an old building at Queen and Spadina, the room is both charming and lovely. There is only a tasting menu, which changes on a regular basis. The service is superb and I highly recommend the thoughtful wine pairings that normally include wines that are otherwise almost impossible to get in Toronto. This restaurant is as good as or better than most of the Michelin 3-star restaurants at which I have eaten. Unfortunately, it has gotten quite expensive since it opened and it is difficult to obtain reservations. 
 
2. Yasu
 
Toronto boasts many sushi restaurants, but few fine ones. For those like me, not inclined to travel to Etobicoke for the expensive but excellent Sushi Kaji, by far the best option is Yasu, located downtown and regarded as one of the best restaurants in Toronto since it opened. The room is tiny, with only two seatings a night. Most diners sit at the sushi bar, watching experts make and serve a delicious omakase sushi meal. As with Alo, prices have increased significantly since the restaurant opened. Perfect for an intimate dinner, reservations can be difficult for large groups because of the restaurant’s size. 
 
3. Chabrol
 
This intimate French restaurant in Yorkville is noteworthy not only for the quality of the food and service, which is always excellent, but for the fact that the chef works in an open kitchen with less room than most closets. I enjoy sitting at the bar and marvelling at how such fine food can be prepared with such little equipment and in such a small space. Every item on the small, focused menu is a gem. The restaurant features an interesting and reasonably priced wine list.
 
4. Buca Yorkville
 
The original Buca on King Street is excellent, one of the finest Italian restaurants in the city with a real New York vibe. However, the more expensive Buca in Yorkville is even better. While Buca on King Street focuses mainly on meat dishes, the focus in Yorkville is on fish done in a variety of ways, including the best salt-crust baked fish in the city. Do not forget about the delicious pizzas, which are also among the best in the city. I am not a sweet tooth, but desserts are also superb. This is an excellent restaurant to eat at with a large group so that everyone can share as many of the items on the menu as possible. 
 
5. Bar Isabel
 
There is always some prevailing trend or fad going on with the restaurant scene in Toronto. Several years ago, tapas became the new trend. By far the best of these restaurants, and still one of the best restaurants in the city, is Bar Isabel. It may not be fine dining, but it is fun and funky, with good service and good food. Another good restaurant for a large group, so that you can share and try as many items on the menu as possible.


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