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ARTICLE · 24 FEBRUARY 2017

Ontario Court Of Appeal Identifies "Potential Danger" In Moving For Summary Judgment

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The Court of Appeal for Ontario released its decision last week in Canadian Imperial Bank of Commercie v. Deloitte & Touche.

CanadaLitigation, Mediation & Arbitration
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The Court of Appeal for Ontario released its decision last week in Canadian Imperial Bank of Commercie v. Deloitte & Touche.  Thiis was an appeal from the partial summary judgment granted in favour of the defendant, Deloitte, in a case brought by a syndicate of lenders against Deloitte for its alleged negligence relating to audit services provided prior to the collapse of Philip Services Corp ("Philip").

Justice Perell heard the motion earlier this year and granted partial summary judgment dismissing the lenders' claim in negligence against Deloitte.  Our commentary on Justice Perell's decision can be found here.

The appeal, as stated by Associate Chief Justice Hoy, "illustrates a potential danger when a party brings a motion for partial summary judgment". 

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