Good afternoon.
Following are this week's summaries of the Court of Appeal
for Ontario for the week of October 25, 2021.
In Cavanaugh v. Grenville Christian College, a
class proceeding, the Court dismissed an appeal by a boarding
school from a decision on a common issues trial that found the
school liable to the class for punitive damages as a result of
systemic negligence and breach of fiduciary duty.
In Kawaguchi v. Kawa Investments Inc., the Court
confirmed that pleadings in a multi-defendant action are considered
closed pursuant to Rule 25.05 of the Rules of Civil
Procedure when the time to reply to all defences has
passed and all defendants who have not defended have been noted in
default. Pleadings do not close at different times with respect to
different defendants.
