Black v. Owen,

JurisdictionOntario
JudgeFeldman, Cronk and Miller JJ.A.
Citation2017 ONCA 397
Date18 May 2017
CourtCourt of Appeal (Ontario)
Docket NumberC62396

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14 practice notes
  • Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp.
    • Canada
    • Supreme Court (Canada)
    • October 23, 2020
    ...144, 22 B.C.L.R. (6th) 35; Amberwood Investments Ltd. v. Durham Condominium Corporation No. 123 (2002), 58 O.R. (3d) 481; Black v. Owen, 2017 ONCA 397, 137 O.R. (3d) 334; Elwood v. Goodman, [2013] EWCA Civ. 1103, [2014] Ch. 442. By Rowe J. (dissenting in part) Watkins v. Olafson, [1989] 2 S......
  • Court Of Appeal Summaries (September 22-26, 2025)
    • Canada
    • Mondaq Canada
    • October 1, 2025
    ...FCA 186, Western Canadian Shopping Centres Inc. v. Dutton, 2001 SCC 46, Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606, Black v. Owen, 2017 ONCA 397, Sriskandarajah v. United States of America, 2012 SCC 70, Pearson v. Inco Ltd. (2006), 78 O.R. (3d) 641 (C.A.), Housen v. Nikolaisen, 2002 S......
  • Court Of Appeal Summaries (December 8 ' 12, 2025)
    • Canada
    • Mondaq Canada
    • December 18, 2025
    ...1990, c. C.43, 2. 106, Northern Regional Health Authority v. Horrocks, 2021 SCC 42, Housen v. Nikolaisen, 2002 SCC 33, Black v. Owen, 2017 ONCA 397, Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25, Aldo Group Inc. v. Moneris Solutions Corporation, 201......
  • THE SUPER PANEL DOCTRINE.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 1, September 2021
    • September 10, 2021
    ...court in any event. We note that the appellant requested, and was denied, a five-judge panel for this appeal" at para 12); Black v Owen, 2017 ONCA 397 ("[t]he respondents expressly declined to request reconsideration of the majority decision in Amberwood by a five-judge panel of this court.......
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7 cases
  • Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp.,
    • Canada
    • Supreme Court (Canada)
    • October 23, 2020
    ...144, 22 B.C.L.R. (6th) 35; Amberwood Investments Ltd. v. Durham Condominium Corporation No. 123 (2002), 58 O.R. (3d) 481; Black v. Owen, 2017 ONCA 397, 137 O.R. (3d) 334; Elwood v. Goodman, [2013] EWCA Civ. 1103, [2014] Ch. 442. By Rowe J. (dissenting in part) Watkins v. Olafson, [1989] 2 S......
  • 2025 ONCA 652,
    • Canada
    • January 1, 2025
    ...at para. 30; Cloud, at paras. 58, 66, 69. Courts must apply these precedents consistently and treat like cases alike: Black v. Owen, 2017 ONCA 397, 173 O.R. (3d) 334, at paras. 41–42, 46; Sriskandarajah v. United States of America, 2012 SCC 70, [2012] 3 S.C.R. 609, at para. 43 On appeal, ex......
  • Carcillo v Ontario Major Junior Hockey League,
    • Canada
    • Court of Appeal (Ontario)
    • September 22, 2025
    ...at para. 30; Cloud, at paras. 58, 66, 69. Courts must apply these precedents consistently and treat like cases alike: Black v. Owen, 2017 ONCA 397, 173 O.R. (3d) 334, at paras. 41–42, 46; Sriskandarajah v. United States of America, 2012 SCC 70, [2012] 3 S.C.R. 609, at para. 43 On appeal, ex......
  • Duggan v. Durham Region Non-Profit Housing Corporation,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 4, 2018
    ...at para. 68. [10] The Court of Appeal has considered the Carter approach to stare decisis in the following civil cases: Black v. Owen, 2017 ONCA 397, and Robson v. Law Society of Upper Canada, 2017 ONCA 468. The Divisional Court has considered this issue in Ontario Federation of Anglers and......
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3 firm's commentaries
  • Court Of Appeal Summaries (September 22-26, 2025)
    • Canada
    • Mondaq Canada
    • October 1, 2025
    ...FCA 186, Western Canadian Shopping Centres Inc. v. Dutton, 2001 SCC 46, Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606, Black v. Owen, 2017 ONCA 397, Sriskandarajah v. United States of America, 2012 SCC 70, Pearson v. Inco Ltd. (2006), 78 O.R. (3d) 641 (C.A.), Housen v. Nikolaisen, 2002 S......
  • Ontario Court Of Appeal Summaries (May 15 – 19, 2017)
    • Canada
    • Mondaq Canada
    • May 25, 2017
    ...no error in the trial judge's analysis and therefore would not interfere with the award of retroactive child support. Black v. Owen, 2017 ONCA 397 [Feldman, Cronk and Miller S. Hutchison and M. Gourlay, for the appellants A. Spafford and S. Gaudet, for the respondents Keywords: Real Propert......
  • Which Decisions Are Binding On What Court And When? The Impact Of Stare Decisis
    • Canada
    • Mondaq Canada
    • May 28, 2025
    ...shifts the parameters of the debate". This threshold is not intended to be "an easy one to reach" (Bedford at para 44). In Black v Owen, 2017 ONCA 397 at para 46, 137 OR (3d) 334, the Court summarized the impact of stare decisis in the following [46] To summarize... a judge of a lower court......
1 books & journal articles
  • THE SUPER PANEL DOCTRINE.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 1, September 2021
    • September 10, 2021
    ...court in any event. We note that the appellant requested, and was denied, a five-judge panel for this appeal" at para 12); Black v Owen, 2017 ONCA 397 ("[t]he respondents expressly declined to request reconsideration of the majority decision in Amberwood by a five-judge panel of this court.......