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ARTICLE · 13 OCTOBER 2015

Court Of Appeal Summaries (September 28 – October 2, 2015)

Blaney McMurtry LLP
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There was only one substantive civil decision of the Court of Appeal this week.

CanadaLitigation, Mediation & Arbitration

Hello Everyone,

There was only one substantive civil decision of the Court of Appeal this week. It involved an appeal of a motion judge's order that a garnished bank account of the State of Libya enjoyed diplomatic immunity and was therefore not subject to garnishment. However, the court only dealt with the preliminary question of whether hearing the appeal was premature, having regard to Libya's pending rule 38.11 motion in Superior Court to set the underlying order aside. The appeal was adjourned sine die and the stay of enforcement was continued pending the outcome of the motion.

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