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Good evening,

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

In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. The case reviews the elements for analyzing discoverability under section 5 of the Limitations Act, 2002, including the “appropriate means” test, and discusses what kind of professional relationships may give rise to reasonable reliance.

In McDowell v. Fortress Real Capital Inc., the Court of Appeal overturned in part a motion judge’s decision to strike out the claims of a proposed class proceeding for various allegations of misconduct. In so doing, the Court canvassed the law relating to personal liability for corporate acts, the sealed contract rule and the rights of beneficiaries of a trust to assert the claims belonging to the trustee.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 28 – FEBRUARY 1, 2019)