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ARTICLE · 13 JANUARY 2021

Court Of Apeal Summaries (January 4-8, 2021)

Blaney McMurtry LLP
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Coming out of the holiday season, this past week was a very light week for the Court of Appeal. Only two civil decisions were released, one of them short

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Coming out of the holiday season, this past week was a very light week for the Court of Appeal. Only two civil decisions were released, one of them short.

In Oakville (Town) v Sullivan, the Court's first reported decision of 2021, the Court upheld the application judge's ruling that the pool amenities built by the appellants on land subject to a hydro easement was an actionable encroachment. The easement had not been abandoned or partially extinguished and the equitable doctrine of propriety estoppel did not preclude the enforcement of the easement.

Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual "Top Appeals" CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider of Dentons. We are in the process of inviting speakers who participated in the top appeals to be featured, and will be in a position to provide further details about the line-up of cases and panelists

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