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ARTICLE · 25 APRIL 2017

Court Of Appeal Summaries (April 10 – 13, 2017)

Blaney McMurtry LLP
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There were several important civil decisions released this week.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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There were several important civil decisions released this week.

In Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc and Sankar v. Bell Mobility Inc., the Court reconsidered, but ultimately upheld, its prior decisions on appeal. Both those cases involved the standard of review from decisions of contractual interpretation. The unsuccessful parties in both matters sought leave to appeal to the Supreme Court. While the leave applications were pending, the Supreme Court released its decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, which modified Sattva Capital Corp. v. Creston Moly Corp by clarifying that the standard of review is correctness, not palpable and overriding error, for standard form contracts and extricable questions of law. Rather than grant or deny leave, the Supreme Court remanded both cases back to the Court of Appeal for reconsideration in light of Ledcor.

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