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ARTICLE · 31 OCTOBER 2023

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Court Of Appeal Summaries (October 23 – October 27)

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 October 23, 2023.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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In 2177546 Ontario Inc. v. 2177545 Ontario Inc., the appellants deliberately accessed solicitor-client and litigation privileged information of their opponent regarding a dispute over the severance of jointly owned land. The Court dismissed the appeal, affirming the application judge's decision to strike the appellant's responding materials.

In Harjee v. Ontario, the Court dismissed as moot an appeal concerning COVID-19 vaccination mandates.

In Zarei v. Iran (Islamic Republic of), the Court concluded that appellants' default judgment against Iran arising out of the shooting down of Ukrainian Airlines flight PS752 could not be enforced against certain Iranian state property in Canada. It was immune by virtue of state immunity, which the Canadian government had specifically continued to confer on that property, even though diplomatic ties with Iran have been severed since 2012.

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