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ARTICLE · 29 JUNE 2021

Court Of Appeal Summaries (June 21 – 25)

Blaney McMurtry LLP
Blaney McMurtry LLP
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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 June 21, 2021.

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 June 21, 2021.

In Manastersky v. Royal Bank of Canada, the Court dealt with a wrongful dismissal appeal on damages that was remanded by the Supreme Court of Canada with the directive of applying the recent decision of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. The Court affirmed its original decision.

In Moore v. 7595611 Canada Corp., the Court refused to set aside the damage awards the jury made at trial. Of note, the Court refused to reduce an award for loss of care, guidance and companionship, despite it exceeding the "upper limit" prescribed in To v. Toronto Board of Education (2001), 204 D.L.R. (4th) 704 (Ont. C.A.). The Court held that since the award did not "shock the conscience of the court" it should not be reduced.

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