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ARTICLE · 18 SEPTEMBER 2015

Court Of Appeal Summaries (September 8-11, 2015)

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

CanadaLitigation, Mediation & Arbitration

There was only one civil law decision released this week by the Court of Appeal. It involved the setting aside of an order granting summary judgment in the commercial leasing context where there was a finding of an oral agreement modifying the terms of the lease. In a rare move, the panel found that it could not substitute its decision for that of the motion judge, but rather than remit the matter back to the motion judge, it invited further written submissions to assist it in rendering a decision.

Wishing everyone a nice weekend.

Civil Case Decisions

2249740 Ontario Inc. v. Morguard Elgin Ltd., 2015 ONCA 605

[Feldman, Simmons and Miller JJ.A.]

Counsel:

S. Maidment and S. Brown-Okruhlik, for the appellants

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