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ARTICLE · 17 JUNE 2021

COURT OF APPEAL SUMMARIES (June 7 – 11)

Blaney McMurtry LLP
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Following are this week's summaries of the Court of Appeal for Ontario for the week of June 7, 2021.

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

Following are this week's summaries of the Court of Appeal for Ontario for the week of June 7, 2021.

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In O'Reilly v. ClearMRI Solutions Ltd, the Court set aside the motion judge's determination that that the two appellant corporations were common employers, and set aside the judgment against one of them. The motion judge had not properly applied the law relating to the separate corporate personalities. Just because corporations are related or commonly controlled, that does not automatically make both of them liable for the obligations of the other. The Court upheld the conditional liability of a director for unpaid wages under s. 131 of the Ontario Business Corporations Act.

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