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ARTICLE · 06 SEPTEMBER 2015

Court Of Appeal Summaries (August 24 – 28, 2015)

Blaney McMurtry LLP
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There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.

CIVIL CASE DECISIONS

1196303 Inc. v Glen Grove Suites Inc., 2015 ONCA 580

[Weiler, Laskin and Epstein JJ.A.]

Counsel:

M. Simaan, for the appellants

F. Tayar, for the respondent

Keywords: Contracts, Privity of Contract, Not Absolute, Agency, Courts of Justice Act, ss. 139(1), Joint Liability, Election, Judgment Against One Defendant Not Precluding Liability of Other Jointly Liable Defendant

Facts:

This appeal concerned whether the respondent, 1196303 Ontario Ltd. ("119"), was entitled to money from the sale of real property, which has been paid into court. The basis put forward for the entitlement was a settlement agreement (the "Settlement"), entered into by 119 and 1297475 Ontario Inc. ("129"), which purported to place guarantee and security obligations on the owner of

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