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Good evening.

Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario.

Although it was a short week, the Court released a couple of decisions that may be of interest to our readers.  For a great summary of the principles governing a motion for security for costs on appeal, see Brown J.A.’s analysis in Health Genetic Center Corp. (Health Genetic Center) v. New Scientist Magazine.

For those interested in contractual interpretation disputes, the Court set aside a partial summary judgment order and substituted an order dismissing the respondents’ action for breach of contract and negligent misrepresentation in Environs Wholesale Nursery Ltd. v Environs Landscape Contracting Ltd., a case involving an Asset Purchase Agreement for the sale of tree farm assets.  The Court also dealt with the proper interpretation of a lease governing a rooftop, and certain rights of way for operating a solar power generation project, in Nissa Corporation v. Enviro Park Solar Ltd.  Both referred to the SCC’s decision in Sattva.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 1 – 5, 2019)