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ARTICLE · 27 JANUARY 2017

Court Of Appeal Summaries (January 16 – 20, 2017

Blaney McMurtry LLP
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Below are the summaries for this week's civil decisions of the Court of Appeal for Ontario. It was a busy week.

CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
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Good evening.

Below are the summaries for this week's civil decisions of the Court of Appeal for Ontario. It was a busy week.

Surujdeo v. Melady is a medical malpractice case that went to a jury. The court dealt with jury charges, the questions for the jury, the number of juror votes needed on each question and jury polling, issues that do not often get discussed in civil decisions.

In 1588444 Ontario Ltd v State Farm Fire and Casualty Company, the court discussed actual and presumed prejudice in the context of substantially amending pleadings to change a defence after many years of litigation.

In Independence Plaza 1 Associates, L.L.C. v. Figliolini, the Court of Appeal confirmed that claims to enforce foreign judgments in Ontario are subject to the basic two-year limitation period, but that the two years does not start to run until an appeal in the foreign jurisdiction has been determined.

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