On July 25, 2022, the Ontario Court of Appeal (the Court) released its decision in Sorbam Investments Ltd. v. Litwack, 2022 ONCA 551, a case involving the contamination of land where the defendant had personal knowledge of and allowed the migration of contaminants to continue. For succinct reasons, the Court dismissed the defendant landowner’s appeal on the basis that the appellant had advanced a new theory of defence on appeal which it had neither pleaded below nor led evidence at trial to support.
Read more about The Court’s decision here
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About Dina Awad
Dina Awad is a partner in our Litigation and Dispute Resolution group. Her practice encompasses a variety of complex regulatory and commercial matters with a focus on advocacy, risk analysis, and compliance advice in matters including environmental law, health law, commercial disputes, extraordinary remedies, and franchise law.
About Kathryn Gullason
Kathryn Gullason (She/Her/Hers) is a research associate in the Litigation & Dispute Resolution group at Dentons. She supports the Firm’s lawyers and clients, researching complex legal issues, preparing opinions for clients, developing submissions for court and other proceedings, tracking legal developments in the Firm’s key practice areas and drafting legal insights.