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ARTICLE · 10 JUNE 2020

Court Of Appeal Summaries (May 25 – 29, 2020)

Blaney McMurtry LLP
Blaney McMurtry LLP
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It was a busier week at the Court of Appeal this past week, with the Court releasing eight substantive civil decisions, one short civil decision and ten criminal decisions.

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

It was a busier week at the Court of Appeal this past week, with the Court releasing eight substantive civil decisions, one short civil decision and ten criminal decisions.

Topics covered this week included the right of refusal in the sale of a matrimonial home, the valuation of federally regulated pensions for equalization purposes, the re-opening of an appeal based on fresh evidence arising from text messages, the professional negligence of solicitors, and striking pleadings under Rule 2.1 as frivolous, vexatious or abuse of process.

Perhaps the most noteworthy decision of the week, at least for courts of first instance, was Welton v. United Lands Corporation Limited. In that case, the Court heard an appeal over a trial judge's award of compensation for unpaid sales commissions and other compensation. In its decision, the Court expressed concern as to the growing trend of lengthy reasons, like the decision in this case. The Court asked trial

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