What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin?
Ontario, Canada
The following excerpt is from Donovan v. Waterloo (Police Services Board), 2022 ONCA 199 (CanLII):
On October 25, 2019, this court allowed the appellant’s appeal from the order of the original motion judge, set aside the order dismissing the action and granted the appellant leave to amend her statement of claim as against Larkin: Donovan v. Waterloo Regional Police Services Board, 2019 ONCA 845. No issues had been raised before this court with respect to the grounds that were not addressed by the original motion judge and this court did not address those grounds.
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