I have endorsed the back of the Appeal Book and Compendium as follows: “Submissions heard. For oral reasons given, the appeal is allowed. The decision of the motions judge dated April 26, 2016 amended April 28, 2016 is set aside and the Statement of Claim is struck without leave to amend. Counsel to advise in writing to the Registrar by May 15, 2017 at 4:30 p.m. whether they have reached agreement as to costs.” ___________________________ MATHESON J. I agree ___________________________ KITELEY J. I agree ___________________________ SPIES J. Date of Reasons for Judgment: May 9, 2017 Date of Release: May 11, 2017 CITATION: McSweeney v. Canada (Attorney General), 2017 ONSC 2886 DIVISIONAL COURT FILE NO.: 240/16 DATE: 20170509 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT KITELEY, SPIES and MATHESON JJ. BETWEEN: MARTIN MCSWEENEY Respondent (Plaintiff) – and – THE ATTORNEY GENERAL OF CANADA Appellant (Defendant) ORAL REASONS FOR JUDGMENT MATHESON J. Date of Reasons for Judgment: May 9, 2017 Date of Release: May 11, 2017
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