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COURT OF APPEAL FOR ONTARIO

COURT OF APPEAL FOR ONTARIO

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Page: 106<br />

The trial of this action shall proceed by way of a<br />

summary trial under rule 76.12.<br />

Within 60 days of the release of this judgment, the<br />

parties are to file, from among the affidavits filed on<br />

the motion for summary judgment, the affidavits they<br />

propose to use at the summary trial and, if so advised,<br />

an additional affidavit addressing the issues of<br />

causation and/or quantum of damages.<br />

[266] Given the novelty of the issues raised in the context of the changes to Rules 20 and<br />

76, we make no order as to costs in the Parker v. Casalese appeal.<br />

RELEASED: December 5, 2011 “WKW‟<br />

“W.K. Winkler C.J.O.”<br />

“John Laskin J.A.”<br />

“Robert J. Sharpe J.A.”<br />

“Robert P. Armstrong J.A.”<br />

“Paul Rouleau J.A.”

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