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Appeal allowed to reinstate action against a defendant where no prejudice would result.
The appellant appealed the motion judge's order to reinstate his action only against the respondent Kasyanenko.
The Court of Appeal allowed the appeal, noting that the motion judge's reasons dealt entirely with another defendant and did not address the claims against Kasyanenko.
The Court found that reinstating the claim against Kasyanenko, the alleged debtor who was served but had not appeared, would not prejudice him.
