BMW Canada Inc. v. Autoport Limited,

JurisdictionOntario
JudgeFeldman, van Rensburg and Thorburn JJ.A.
Neutral Citation2021 ONCA 42
Date22 February 2021
Citation2021 ONCA 42
Docket NumberC67818
CourtCourt of Appeal (Ontario)

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5 practice notes
  • Court Of Appeal Summaries (January 18 ' 22, 2021)
    • Canada
    • Mondaq Canada
    • January 25, 2021
    ...of. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions BMW Canada Inc. v. Autoport Limited , 2021 ONCA 42 Keywords: Civil Procedure, Interim Preservation of Property, Evidence, Spoliation, Rules of Civil Procedure, Rules 45.01, 32.01, Taribo Holding......
  • D__Eon v. Hosseini,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2021
    ...SCC 25, [2005] 1 S.C.R. 401; BMW Canada Inc. v. Autoport Limited, 2019 ONSC 4299 (Div. Ct.), at para. 9, rev’d on other grounds, 2021 ONCA 42, 456 D.L.R. (4th) 443; Silva v. John Doe, 2016 ONSC 307, 129 O.R. (3d) 298, at para. 56; Shibish v. Scher, 2015 ONSC 1844, at para. [18] ......
  • Critical Ontario Appeal Decision On Preservation Of Property
    • Canada
    • Mondaq Canada
    • March 18, 2021
    ...concerns with trial fairness, as opposed to the application of a test that is more appropriate for a different context. Footnotes 1 2021 ONCA 42; 2019 ONSC 4299 (Div. Crt); 2018 ONSC 4208 (Ont. The content of this article is intended to provide a general guide to the subject matter. Special......
  • New Generation Woodworking Corp. v. Arviv,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 28, 2021
    ...The present leading case on the interpretation of Rule 45.01(1) is the Court of Appeal decision in BMW Canada Inc. v. Autoport Limited 2021 ONCA 42. BMW Canada Inc., an automaker, was suing Autoport Limited for damages for allegedly having allowed cars to be exposed to the weather causing d......
  • Get Started for Free
3 cases
  • D__Eon v. Hosseini,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2021
    ...SCC 25, [2005] 1 S.C.R. 401; BMW Canada Inc. v. Autoport Limited, 2019 ONSC 4299 (Div. Ct.), at para. 9, rev’d on other grounds, 2021 ONCA 42, 456 D.L.R. (4th) 443; Silva v. John Doe, 2016 ONSC 307, 129 O.R. (3d) 298, at para. 56; Shibish v. Scher, 2015 ONSC 1844, at para. [18] ......
  • New Generation Woodworking Corp. v. Arviv,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 28, 2021
    ...The present leading case on the interpretation of Rule 45.01(1) is the Court of Appeal decision in BMW Canada Inc. v. Autoport Limited 2021 ONCA 42. BMW Canada Inc., an automaker, was suing Autoport Limited for damages for allegedly having allowed cars to be exposed to the weather causing d......
  • Right at Home Realty v. TRU Realty et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 12, 2022
    ...Released: August 12, 2022     [1] According to the affidavit.  This might be [2] BMW Canada Inc. v. Autoport Limited, 2021 ONCA 42 (CanLII) [3] Celanese Canada Inc. v. Murray Demolition Corp . 2006 SCC 36,  [2006] 2 SCR 189 [4] British Columbia (Attorney General) v. Mali......
2 firm's commentaries
  • Court Of Appeal Summaries (January 18 ' 22, 2021)
    • Canada
    • Mondaq Canada
    • January 25, 2021
    ...of. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions BMW Canada Inc. v. Autoport Limited , 2021 ONCA 42 Keywords: Civil Procedure, Interim Preservation of Property, Evidence, Spoliation, Rules of Civil Procedure, Rules 45.01, 32.01, Taribo Holding......
  • Critical Ontario Appeal Decision On Preservation Of Property
    • Canada
    • Mondaq Canada
    • March 18, 2021
    ...concerns with trial fairness, as opposed to the application of a test that is more appropriate for a different context. Footnotes 1 2021 ONCA 42; 2019 ONSC 4299 (Div. Crt); 2018 ONSC 4208 (Ont. The content of this article is intended to provide a general guide to the subject matter. Special......