Bukshtynov v. McMaster University, 2019 ONCA 1027

JurisdictionOntario
JudgeLauwers, Fairburn and Zarnett JJ.A.
Citation2019 ONCA 1027
Docket NumberC65552
CourtCourt of Appeal (Ontario)
Date31 December 2019
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5 practice notes
  • Bent v. Platnick, 2020 SCC 23
    • Canada
    • Supreme Court (Canada)
    • September 10, 2020
    ...Public School Boards’ Assn. of Alberta v. Alberta (Attorney General), 2000 SCC 2, [2000] 1 S.C.R. 44; Bukshtynov v. McMaster University, 2019 ONCA 1027; R. v. M.(P.S.) (1992), 77 C.C.C. (3d) 402; Iroquois Falls Power Corp. v. Ontario Electricity Financial Corp., 2016 ONCA 271, 398 D.L.R. (4......
  • Court Of Appeal Summaries (December 30, 2019 – January 3, 2020)
    • Canada
    • Mondaq Canada
    • January 6, 2020
    ...al., 2010 ONSC 2936, Gorman v. Falardeau, 2004 CanLII 14959, Burns v. Hedge (2001), 146 OAC 333 (CA) Bukshtynov v. McMaster University, 2019 ONCA 1027 Keywords: Torts, Negligence, Evidence, Admissibility, Hearsay, Documents in Possession, Business Records, Principled Exception, Occupational......
  • R v Shivak, 2020 ABQB 642
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 21, 2020
    ...(unless the communication “called out for a reply”): Bridgman at paras 87, 88, 83; see also Bukshtynov v McMaster University, 2019 ONCA 1027 at para 24. Mr. Shivak, however, responded to the communications in the Extraction Evidence. He was involved in active communication with the third pa......
  • R. v. Raaman, 2020 ONSC 1673
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 21, 2020
    ...in Possession Rule [13] Fairburn J.A. in the recent decisions of R. v. Bridgman, 2017 ONCA 940 and Bukshtynov v. McMaster University, 2019 ONCA 1027 has reviewed the documents in possession of rule. As she points out, the rule is designed to permit admission of documents in two different ci......
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4 cases
  • Bent v. Platnick, 2020 SCC 23
    • Canada
    • Supreme Court (Canada)
    • September 10, 2020
    ...Public School Boards’ Assn. of Alberta v. Alberta (Attorney General), 2000 SCC 2, [2000] 1 S.C.R. 44; Bukshtynov v. McMaster University, 2019 ONCA 1027; R. v. M.(P.S.) (1992), 77 C.C.C. (3d) 402; Iroquois Falls Power Corp. v. Ontario Electricity Financial Corp., 2016 ONCA 271, 398 D.L.R. (4......
  • R v Shivak, 2020 ABQB 642
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 21, 2020
    ...(unless the communication “called out for a reply”): Bridgman at paras 87, 88, 83; see also Bukshtynov v McMaster University, 2019 ONCA 1027 at para 24. Mr. Shivak, however, responded to the communications in the Extraction Evidence. He was involved in active communication with the third pa......
  • R. v. Raaman, 2020 ONSC 1673
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 21, 2020
    ...in Possession Rule [13] Fairburn J.A. in the recent decisions of R. v. Bridgman, 2017 ONCA 940 and Bukshtynov v. McMaster University, 2019 ONCA 1027 has reviewed the documents in possession of rule. As she points out, the rule is designed to permit admission of documents in two different ci......
  • R. v. Becker Bros. Trucking Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • September 24, 2021
    ...pursuant to the documents in possession branch of the admissions exception to the hearsay rule: Bukshtynov v. McMaster University, 2019 ONCA 1027, at para. 19. Again, there was no evidence to the [31]       The appeal judge erred both in ruling that the stateme......
1 firm's commentaries
  • Court Of Appeal Summaries (December 30, 2019 – January 3, 2020)
    • Canada
    • Mondaq Canada
    • January 6, 2020
    ...al., 2010 ONSC 2936, Gorman v. Falardeau, 2004 CanLII 14959, Burns v. Hedge (2001), 146 OAC 333 (CA) Bukshtynov v. McMaster University, 2019 ONCA 1027 Keywords: Torts, Negligence, Evidence, Admissibility, Hearsay, Documents in Possession, Business Records, Principled Exception, Occupational......

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