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ARTICLE · 14 AUGUST 2023

Court Of Appeal Summaries (August 7 – 11, 2023)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 7, 2023.

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 7, 2023.

In Case v. Pattison, the plaintiff was injured walking across a road when struck by the defendant's car. The plaintiffs and the defendants claimed damages against the Town of Milton alleging inadequate street lighting because of a missing luminaire. The Town commenced a third-party claim against Milton Hydro for contribution and indemnity, alleging that Milton Hydro negligently removed the luminaire. The motion judge held that because of the passage of time and intervening acts, the Town could not demonstrate that the plaintiff's accident was reasonably foreseeable at the time the luminaire was removed. She also held that there was no proximity to establish a duty of care by Milton Hydro to the plaintiff and therefore no basis upon which to find liability. The Court found that the motion judge had erred in conflating the duty of

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