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ARTICLE · 27 MAY 2025

Court Of Appeal Summaries (May 19 – 23, 2025)

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 May 19 to 23, 2025.

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 May 19 to 23, 2025.

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In J.P. Thomson Architects Ltd. v Greater Essex County District School Board, the Court allowed the appeal from the motion judge's dismissal of an application to appoint an arbitrator under an arbitration agreement. The failure to request a mediation within 30 days of a dispute arising, as set out in the contract's dispute resolution provisions did not result in a forfeiture of the arbitration clause. The Court ordered the parties to go to mediation, failing which an arbitration could proceed.

In Stolove v. Waypoint Centre for Mental Health Care, the appellants sought to certify a class action alleging systemic negligence and punitive use of seclusion at a forensic psychiatric hospital. The Court dismissed the appeal from the motion judge's dismissal of the certification motion, finding no common issues of

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