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ARTICLE · 03 JUNE 2025

Court Of Appeal Summaries (May 26-30)

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 26, 2025.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 26, 2025.

Hillier v. Ontario is an addendum to the Court's previous decision that found that the appellant's right to peaceful assembly under s.2(c) of the Charter was restricted by pandemic-related regulations that imposed limits on public gatherings. The Court held that the appropriate remedy for the constitutional violation was a reading down of the regulations so that the prohibition does not apply to gatherings for the purpose of peaceful assembly and protest of up to 10 people.

In Paddy-Cannon v. Canada (Attorney General), the Court of Appeal for Ontario upheld a trial decision finding Canada liable in negligence and breach of fiduciary duty for its failure to follow through on a 1966 plan to return three Cree sisters to their maternal community. The Court dismissed appeals by both the caregiver and Canada, affirming that Canada owed an ad hoc fiduciary

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