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Good evening.

There were five substantive civil decisions released by the Court of Appeal this week. There were many criminal decisions released.

In Wall v. Shaw, the Court determined that there is no limitation period to objecting to accounts in an application to pass accounts in an estates matter. A notice of objection is not a “proceeding” within the meaning of the Limitations Act, 2002.

In Thunder Bay (City) v. Canadian National Railway Company, the Court denied CN Rail a stay of its ruling handed down earlier this year pending leave to appeal to the Supreme Court of Canada. The Court held that the potential harm to CN was quantified at four to six million dollars if a stay was not granted and CN Rail’s appeal was ultimately successful. However, balanced against that was the fact that CN contributed to the possibility of irreparable harm by failing to move more expeditiously for leave and that the potential for serious impacts on Thunder Bay and the First Nation increased the longer the reopening of the Bridge was delayed. Ultimately, however, the Court felt that the proposed appeal did not have sufficient merit to warrant the granting of a stay. Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 19 – 23, 2018)