Broadgrain Commodities Inc. v. Continental Casualty Company (CNA Canada), 2018 ONCA 438
| Jurisdiction | Ontario |
| Judge | Doherty and Pepall JJ.A. and Gray J. |
| Citation | 2018 ONCA 438 |
| Date | 10 May 2018 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C64253 |
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42 practice notes
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Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447
...Canada LLP, 2017 ONCA 292, 137 O.R. (3d) 570, at para. 54; and Broadgrain Commodities Inc. v. Continental Casualty Company (CNA Canada), 2018 ONCA 438, 80 C.C.L.I. (5th) 23, at para. (b) Application of Hryniak’s two-step process to this case [142] It is apparent that the motion judge weighe......
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Gayle v Cambridge Mercantile Corporation,
...Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292 at para 54; Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 at para 7; Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447 at para 141. A party cannot argue that further evidence may be forthcoming to ......
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Wilds v 1959612 Ontario Inc.,
...at trial: see Toronto-Dominion Bank v. Hylton, 2012 ONCA 614 at para. 5 and Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 at para. 7. Thus, if the moving party meets the evidentiary burden of producing evidence on which the court could conclude that there is no ......
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Powerone Solutions Inc. v Trans-Tec Inc.,
...et al., 2021 ONSC 4908, at para 25. 20 The Court of Appeal explained in Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 that on a summary judgment motion, the court will assume that all necessary evidence has been tendered. A motions judge is entitled to presume t......
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41 cases
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Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447
...Canada LLP, 2017 ONCA 292, 137 O.R. (3d) 570, at para. 54; and Broadgrain Commodities Inc. v. Continental Casualty Company (CNA Canada), 2018 ONCA 438, 80 C.C.L.I. (5th) 23, at para. (b) Application of Hryniak’s two-step process to this case [142] It is apparent that the motion judge weighe......
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Gayle v Cambridge Mercantile Corporation,
...Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292 at para 54; Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 at para 7; Carmichael v. GlaxoSmithKline Inc., 2020 ONCA 447 at para 141. A party cannot argue that further evidence may be forthcoming to ......
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Wilds v 1959612 Ontario Inc.,
...at trial: see Toronto-Dominion Bank v. Hylton, 2012 ONCA 614 at para. 5 and Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 at para. 7. Thus, if the moving party meets the evidentiary burden of producing evidence on which the court could conclude that there is no ......
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Powerone Solutions Inc. v Trans-Tec Inc.,
...et al., 2021 ONSC 4908, at para 25. 20 The Court of Appeal explained in Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438 that on a summary judgment motion, the court will assume that all necessary evidence has been tendered. A motions judge is entitled to presume t......
Get Started for Free
2 firm's commentaries
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Court Of Appeal Summaries (July 6 ' 10, 2020)
...Professional Corporation v. BDO Canada LLP, 2017 ONCA 292, Broadgrain Commodities Inc. v. Continental Casualty Company (CNA Canada), 2018 ONCA 438 facts: This was a tragic case. On July 31, 2004, the respondent, DC, strangled to death his 11-year-old son. At the time, DC was suffering from ......
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Ontario Court Of Appeal Summaries (May 7- May 11)
...the insurers proceeding with their power of sale proceedings. Broadgrain Commodities Inc. v. Continental Casualty Company (CNA Canada), 2018 ONCA 438 [Doherty and Pepall JJ.A. and Gray J. (ad hoc)] Counsel: Rui Fernandes, James Manson, and Sean Lawler, for the appellant Marc Isaacs and Hila......