BMW Canada Inc. v. Autoport Limited,
| Jurisdiction | Ontario |
| Judge | Feldman, van Rensburg and Thorburn JJ.A. |
| Neutral Citation | 2021 ONCA 42 |
| Date | 22 February 2021 |
| Citation | 2021 ONCA 42 |
| Docket Number | C67818 |
| Court | Court of Appeal (Ontario) |
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5 practice notes
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Court Of Appeal Summaries (January 18 ' 22, 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......
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D__Eon v. Hosseini,
...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] ......
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Critical Ontario Appeal Decision On Preservation Of Property
...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......
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New Generation Woodworking Corp. v. Arviv,
...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......
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3 cases
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D__Eon v. Hosseini,
...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] ......
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New Generation Woodworking Corp. v. Arviv,
...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......
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Right at Home Realty v. TRU Realty et al.,
...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
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Court Of Appeal Summaries (January 18 ' 22, 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
...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......