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ARTICLE · 26 OCTOBER 2021

Court Of Appeal Summaries (October 18-22, 2021)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Following are this week's summaries of the Court of Appeal for Ontario for the week of October 18, 2021.

CanadaLitigation, Mediation & Arbitration

Good evening.

Following are this week's summaries of the Court of Appeal for Ontario for the week of October 18, 2021.

In Kyko Global Inc v. M/S Crawford Bayley & Co., the Court upheld the dismissal of a motion to stay an action on the basis of a lack of jurisdiction or forum non conveniens. The claim at issue was by an Ontario corporation against its lawyers in India who had provided an opinion on the enforceability of a guarantee in India. Relevant to the Court's decision were the fact that reliance on the opinion occurred in Ontario and the opinion related to a contract made in Ontario.

Other topics covered this week included the calculation of damages in a wrongful dismissal matter relating to stock awards plan, family law (stay pending appeal of a custody and access order and summary judgment before an answer and financial disclosure were made), interveners in a private law appeal, the interpretation of a waiver of subrogation clause in an insurance policy,

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