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ARTICLE · 29 MARCH 2017

Court Of Appeal Summaries (March 13 – 17, 2017)

Blaney McMurtry LLP
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There were only three short procedural decisions we summarized this week.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Hello:

There were only three short procedural decisions we summarized this week.

Have a good one.

Civil Decisions:

Castronovo v. Sunnybrook & Women's College Health Sciences, 2017 ONCA 212

[Hoy A.C.J.O., Gillese and Brown JJ.A.]

Counsel:
W. G. Scott, for the appellants
B. Pickard and E. Murtha, for the respondents

Keywords: Endorsement, Civil Procedure, Limitation Periods, Pleadings, Amendments, Extension of Time, Rules of Civil Procedure, r. 3.02

Facts:
In a June 9, 2016 order, Archibald J. directed that, if advised, the appellants were to serve and file a motion to amend their defence to advance a limitation period defence by June 17, 2016. The appellants served their notice of motion, seeking leave to amend their statement of defence to plead a limitations defence on August 17, 2016. Myers J. heard their motion on October 6, 2016. The appellants asserted that the respondents should have discovered their claim against them in 2007 and the claim

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