Babjak v. Karas,

JurisdictionOntario
JudgeSANFILIPPO J.
Date29 March 2018
Citation2018 ONSC 2093
Docket NumberCV-14-514261
CourtSuperior Court of Justice of Ontario (Canada)
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4 practice notes
  • McNeil v. Panchapakesan, 2019 ONSC 5816
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 8, 2019
    ...[60] In a summary judgment motion, each party must “put their best foot forward” and “lead trump or risk losing all”: Babjak v. Karas, 2018 ONSC 2093, at para. 10; Lawless v. Anderson, 2010 ONSC 2723, at para. 17, aff’d 2011 ONCA 102; Loy-English v. Fournier, 2018 ONSC 6212, at para. 22; Sl......
  • Raun v Shumborski, 2019 ABQB 823
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 25, 2019
    ...and other situations where such an opinion is not necessary... [29] This latter view is echoed in the Ontario case Babjak v Karas, 2018 ONSC 2093, relied on by Dr. Shumborski’s counsel, at para In some cases, an expert medical opinion is necessary for the plaintiff to discover the material ......
  • MacNeil v. Master Corporal Brow, 2018 ONSC 5760
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 28, 2018
    ...prevent injustice by “depriving a plaintiff of the opportunity to bring an action before that party knows to raise it”; Babjak v. Karas, 2018 ONSC 2093, [2018] O.J. No. 1673 at para. 45, citing Central & Eastern Trust Co. v. Rafuse, [1986] 2 S.C.R. 147 at p. 224; Nielsen v. Kamloops, [1......
  • Salmon v Mama Panda Ltd, 2021 ABQB 569
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 27, 2021
    ...had read and understood the documents sufficiently that counsel related the substance of the records to an expert. In Babjak v Karas, 2018 ONSC 2093, the fact that the plaintiff had a vison problem since the procedure was sufficient to make out discoverability, so although she did not have ......
4 cases
  • McNeil v. Panchapakesan, 2019 ONSC 5816
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 8, 2019
    ...[60] In a summary judgment motion, each party must “put their best foot forward” and “lead trump or risk losing all”: Babjak v. Karas, 2018 ONSC 2093, at para. 10; Lawless v. Anderson, 2010 ONSC 2723, at para. 17, aff’d 2011 ONCA 102; Loy-English v. Fournier, 2018 ONSC 6212, at para. 22; Sl......
  • Raun v Shumborski, 2019 ABQB 823
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 25, 2019
    ...and other situations where such an opinion is not necessary... [29] This latter view is echoed in the Ontario case Babjak v Karas, 2018 ONSC 2093, relied on by Dr. Shumborski’s counsel, at para In some cases, an expert medical opinion is necessary for the plaintiff to discover the material ......
  • MacNeil v. Master Corporal Brow, 2018 ONSC 5760
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 28, 2018
    ...prevent injustice by “depriving a plaintiff of the opportunity to bring an action before that party knows to raise it”; Babjak v. Karas, 2018 ONSC 2093, [2018] O.J. No. 1673 at para. 45, citing Central & Eastern Trust Co. v. Rafuse, [1986] 2 S.C.R. 147 at p. 224; Nielsen v. Kamloops, [1......
  • Salmon v Mama Panda Ltd, 2021 ABQB 569
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 27, 2021
    ...had read and understood the documents sufficiently that counsel related the substance of the records to an expert. In Babjak v Karas, 2018 ONSC 2093, the fact that the plaintiff had a vison problem since the procedure was sufficient to make out discoverability, so although she did not have ......