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ARTICLE · 23 AUGUST 2021

Court Of Appeal Summaries (August 16-20, 2021)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Following are this week's summaries of the Court of Appeal for Ontario for the week of August 16, 2021.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of August 16, 2021.

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In Advanced Farm Technologies-JA v. Yung Soon Farm Inc, the appellant was sued under simplified procedure for failure to pay. The appellant appealed an order striking their defence and counterclaim for failure to comply with a court order to pay costs and deliver an affidavit of documents. The pleading was struck even though the appellant had complied with the order at the last moment, right before the motion to strike was heard. The Court dismissed the appeal, meaning that a party is still at risk of having their pleading struck for failure to comply with a court order even if they cure the non-compliance prior to the motion to strike.

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