Aviva Canada Inc. v. Lyons Auto Body Limited,

JurisdictionOntario
JudgePERELL, J.
Citation2019 ONSC 6778
Docket NumberCV-18-596320
CourtSuperior Court of Justice of Ontario (Canada)
Date25 November 2019

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9 practice notes
  • Del Giudice v. Thompson,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 4, 2021
    ...(Div. Ct.); Fullowka v Royal Oak Ventures Inc., 2008 NWTCA 4, aff'd 2010 SCC 5. [116] Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778; Bazley v. Curry, [1999] 2 S.C.R. [117] Fresh as Amended Statement of Claim paragraphs 1(c), 1(e), 11, 21, 84, 85, 106, 114, 116, 117, 118,......
  • D__Eon v. Hosseini,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2021
    ...Consulting v. Canada (Attorney General), 2001 CanLII 8587 (Ont. C.A.), at para. 37; Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778, at paras. 35-36. A pleading may be struck because it “serves no purpose other than to add colour or argument and to disconcert or hum......
  • Eghbalian v 9946268 Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 16, 2025
    ...plead a cause of action against the individual in his or her personal capacity” ( Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778, at para. 32 No cause of action for breach of the distribution agreement is pleaded against Mr. Hossu in his personal capacity. It is not pleaded th......
  • Clark v Yntegrity Sales & Marketing Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 13, 2025
    ...plead a cause of action against the individual in his or her personal capacity” ( Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778, at para. 34 These requirements are not met here. 35 The Statement of Claim does not plead that YSM is a sham corporation. It does not plead that YS......
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8 cases
  • Del Giudice v. Thompson,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 4, 2021
    ...(Div. Ct.); Fullowka v Royal Oak Ventures Inc., 2008 NWTCA 4, aff'd 2010 SCC 5. [116] Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778; Bazley v. Curry, [1999] 2 S.C.R. [117] Fresh as Amended Statement of Claim paragraphs 1(c), 1(e), 11, 21, 84, 85, 106, 114, 116, 117, 118,......
  • D__Eon v. Hosseini,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2021
    ...Consulting v. Canada (Attorney General), 2001 CanLII 8587 (Ont. C.A.), at para. 37; Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778, at paras. 35-36. A pleading may be struck because it “serves no purpose other than to add colour or argument and to disconcert or hum......
  • Clark v Yntegrity Sales & Marketing Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 13, 2025
    ...plead a cause of action against the individual in his or her personal capacity” ( Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778, at para. 34 These requirements are not met here. 35 The Statement of Claim does not plead that YSM is a sham corporation. It does not plead that YS......
  • Suevilia Development Corporation v. Liang,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 24, 2022
    ...plaintiff having been induced to act; and (5) the plaintiff suffering damages.  See Aviva Canada Inc. v. Lyons Auto Body Limited, 2019 ONSC 6778 at para. [43]        With reference to the paragraphs of the proposed Amended Statement of Claim set out i......
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