Shane Rayman and Conner Harris successful in Appeal to Ontario Court of Appeal

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Shane Rayman and Conner Harris successful in Appeal to Ontario Court of Appeal

Shane Rayman and Conner Harris successfully appeared on behalf of the Appellant and in Har Jo Management Services Canada Limited v. York (Regional Municipality), 2018 ONCA 469. They successfully appealed the decision of a judge of the Ontario Superior Court of Justice which had dismissed an action commenced by Rayman Beitchman’s client on the basis of the expiration of a limitation period. The Court of Appeal agreed with the Appellant that the motion’s judge had erred in both fact and law in determining when the applicable limitation period had commenced and when it had expired. The appeal raised issues concerning the commencement and application of limitation periods for civil claims with respect to public infrastructure works where it is unclear whether the damage relates to the expropriation and associated works, or other factors related to the public infrastructure project. As a result of Rayman Beitchman’s success, the appeal was allowed and the Appellant’s action restored. The Court of Appeal held that the motion for summary judgment should be dismissed and the action allowed to proceed toward trial. Rayman Beitchman’s client was awarded its costs of both the appeal and the motion

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