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ARTICLE · 02 JUNE 2021

Court Of Appeal Summaries (May 25-28, 2021)

Blaney McMurtry LLP
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 25, 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 May 25, 2021.

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In Cirillo v. Ontario, the Court concluded that this class action claiming redress for the criminal justice system's failure to hold timely bail hearings for accused persons fell squarely within "core policy" decisions of the government and the Crown was therefore immune from liability in negligence or breach of fiduciary duty. Moreover, while there may have been a viable claim for breach of Charter rights, there was no adequately identifiable class or common issues. A class proceeding was therefore not the preferable procedure to hear that claim.

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