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Legal Blog:
Nov
01
2006
End of Line
We discussed the decision in Toronto Transit Commission v. Gottardo in our newsletters of September 2004 and November 2005. Gottardo had applied for leave to appeal the Ontario Court of Appeal’s decision. The Supreme Court of Canada denied that leave to appeal. Accordingly, the decision of the Court of Appeal stands.
Continue Reading >Nov
01
2006
Certificate
In our newsletters of November 2003 and January 2006, we discussed the case of Del Ridge Construction Inc. v. General Accident Assurance Co. of Canada, a 2005 decision of the Ontario Court of Appeal. In that case, the motions judge had determined that an architect could withdraw and replace any certificate it had issued. The Court of Appeal had overturned the decision on procedural grounds, but made no comments on its merits; the reasons for decision on the merits, died along with the decision.
Continue Reading >Nov
01
2006
Inexplicable
Occasionally, but not often, we see cases and situations arise that we simply cannot explain or understand. One of these arose in 310 Waste Ltd. v. Casbro Industries Ltd., a 2006 decision of the Ontario Divisional Court. If the case name sounds familiar, it should. We discussed another iteration of it in our newsletter of July 2006.
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