Beaton v. Scotia iTrade et al.

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeWeiler, Rouleau and Pepall, JJ.A.
Citation2013 ONCA 554,[2013] O.A.C. Uned. 449,[2013] O.A.C. Uned. 449 (CA)
Date09 September 2013
Subject MatterLIMITATION OF ACTIONS,CROWN,FRAUD AND MISREPRESENTATION,PRACTICE

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6 practice notes
  • Ontario Court Of Appeal Summaries (January 21 – 25, 2019)
    • Canada
    • Mondaq Canada
    • January 31, 2019
    ...2012 ONCA 512, Lochner v Toronto (Police Services), 2015 ONCA 626, Beaton v Scotia iTrade and Scotia Capital, 2012 ONSC 7063, affirmed 2013 ONCA 554, McSween v Louis (2000), 132 OR (3d) 304 (CA), Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, Guerin v The Queen, [19......
  • Zeppa v. Woodbridge Heating & Air-Conditioning Ltd
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2019
    ...2015 ONCA 626, 128 O.R. (3d) 318, at para. 7; Beaton v. Scotia iTrade and Scotia Capital, 2012 ONSC 7063, at para. 13, affirmed, 2013 ONCA 554. [42] As this court observed in Lawless, at para. 23, the question to be posed in determining whether a person has discovered a claim is whether the......
  • Howe v. Solart LLL Corp
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 29, 2018
    ...38 O.R. (3d) 161 (C.A.), at 170). However, as indicated by Belobaba J. of this court in Beaton v. Scotia iTrade, 2012 ONCS 7063, aff’d 2013 ONCA 554, it is not necessary for this purpose for the claimant to know the details of the potential defendant’s alleged wrongdoing. According to Belob......
  • Marsh, Christopher and Blockchain Markets Inc. v Electronica AI Inc. and Aristotle Andrulakis
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...happened” will be revealed through the legal proceeding.”: Beaton v. Scotia iTrade and Scotia Capital, 2012 ONSC 7063, at para. 13, aff'd 2013 ONCA 554. 51 In addition, I am satisfied that separate and apart from the presumption of prejudice, there is in fact real prejudice that will accrue......
  • Get Started for Free
4 cases
  • Zeppa v. Woodbridge Heating & Air-Conditioning Ltd
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2019
    ...2015 ONCA 626, 128 O.R. (3d) 318, at para. 7; Beaton v. Scotia iTrade and Scotia Capital, 2012 ONSC 7063, at para. 13, affirmed, 2013 ONCA 554. [42] As this court observed in Lawless, at para. 23, the question to be posed in determining whether a person has discovered a claim is whether the......
  • Howe v. Solart LLL Corp
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 29, 2018
    ...38 O.R. (3d) 161 (C.A.), at 170). However, as indicated by Belobaba J. of this court in Beaton v. Scotia iTrade, 2012 ONCS 7063, aff’d 2013 ONCA 554, it is not necessary for this purpose for the claimant to know the details of the potential defendant’s alleged wrongdoing. According to Belob......
  • Marsh, Christopher and Blockchain Markets Inc. v Electronica AI Inc. and Aristotle Andrulakis
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...happened” will be revealed through the legal proceeding.”: Beaton v. Scotia iTrade and Scotia Capital, 2012 ONSC 7063, at para. 13, aff'd 2013 ONCA 554. 51 In addition, I am satisfied that separate and apart from the presumption of prejudice, there is in fact real prejudice that will accrue......
  • Career Blazers Learning Centre v Ontario
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 10, 2019
    ...as a result of the factors listed in s. 5(1)(a)(i) through (iii): Beaton v Scotia iTrade, 2012 ONSC 7063, at para 13, aff’d 2013 ONCA 554. [6]           It must also be kept in mind that under s. 5(1)(a)(iv), the limitation clock only......
2 firm's commentaries
  • Ontario Court Of Appeal Summaries (January 21 – 25, 2019)
    • Canada
    • Mondaq Canada
    • January 31, 2019
    ...2012 ONCA 512, Lochner v Toronto (Police Services), 2015 ONCA 626, Beaton v Scotia iTrade and Scotia Capital, 2012 ONSC 7063, affirmed 2013 ONCA 554, McSween v Louis (2000), 132 OR (3d) 304 (CA), Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, Guerin v The Queen, [19......
  • The Limitation Clock: Which Way Is The Pendulum Swinging?
    • Canada
    • Mondaq Canada
    • January 13, 2014
    ...for her help in preparing this legal update. Footnotes 1 2013 ONCA 733 [Ali]. 2 2013 ONCA 718 [Penretail]. 3 2011 ONCA 102 [Lawless]. 4 2013 ONCA 554 [Scotia 5 Penretail at para 24. 6 Lawless at para 23. 7 Beaton v Scotia iTrade, 2012 ONSC 7063 at para 13, aff'd 2013 ONCA 554. Norton Rose F......