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Legal Blog:
May
15
2011
Technicality
Non-lawyers seem to believe that technicalities will sway the ultimate result in a court action. Although this may once have been the case, it is extremely rare now. Judges want to see a result that is just; if there is a technical aspect that leads to an injustice, judges will not hesitate to craft their decisions in a manner that will negate the technicality. An example of this craftsmanship arises in Juddav Designs Inc. v. Cosgriffe, a 2010 decision of a construction Master in the Ontario Superior Court of Justice.
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