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ARTICLE · 06 OCTOBER 2020

Court Of Appeal Summaries (September 28 – October 2, 2020)

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

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario.

Becker v Toronto is an occupier's liability case. In upholding the trial judge's decision finding the City liable, the Court rejected the City's arguments that the trial judge erred in failing to consider an alternative theory that, although not expressly raised and thoroughly developed at trial, was never formally abandoned. Legal theories can be implicitly abandoned when parties neglect to develop them at trial, and a trial judge is under no obligation to consider an issue from any perspective other than those actually articulated by the parties. If a party fails to develop an argument at trial, it may well be too little, too late to try to revive it on appeal.

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