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ARTICLE · 31 AUGUST 2021

Court Of Appeal Summaries (August 23-27, 2021)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of August 23, 2021.

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

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of August 23, 2021.

There were three substantive civil decisions this week. Vu v. Canada (Attorney General) deals with discoverability and limitation periods related to the torts of false arrest and imprisonment. In dismissing the appeal, the Court confirmed the date of an arrest is merely a presumptive date for the commencement of the limitation period – a date that can be rebutted.

Herold Estate v. Canada (Attorney General), which deals with the ownership of islands near Peterborough, confirms that the normal principles of contractual interpretation set out in Sattva apply equally to the interpretation of title instruments, including ones almost two hundred years old.

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