Campbell v. 1493951

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeLauwers, Trotter and Zarnett JJ.A.
Neutral Citation2021 ONCA 169
Citation2021 ONCA 169
Docket NumberC68588
Date19 March 2021

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6 practice notes
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...Services Inc. v. Flesch, 2010 ONCA 633, Foodinvest Limited v. Royal Bank of Canada, 2020 ONCA 387 Campbell v. 1493951 Ontario Inc. , 2021 ONCA 169 Keywords: Contracts, Real Property, Commercial Leases, Illegal Use, Termination, Notice, Waiver, Remedies, Relief from Forfeiture, Cannabis Cont......
  • The Dominion of Canada Insurance Company v. Trafalgar Insurance Company
    • Canada
    • Ontario Superior Court of Justice
    • July 21, 2022
    ...ING v. Non-Marine Underwriters, 2005 CarswellOnt 12044; Campanaro v. Kim, 1998 CarswellOnt 3499. [8] Campbell v.1493951 Ontario Inc., 2021 ONCA 169. [9] Bradfield v. Royal Sun Alliance Company of Canada, 2019 ONCA 800; Ryan v. Moore, 2005 SCC 38. [10] Continental Casualty Company v. Chubb I......
  • Airside Event Spaces Inc. v. Langley (Township)
    • Canada
    • Court of Appeal (British Columbia)
    • August 9, 2021
    ...rent predicated on misleading assurances by a lessee is unlikely to meet the requirements of a waiver: Campbell v. 1493951 Ontario Inc., 2021 ONCA 169 at para. [61] Finally, I agree with Langley that the judge did not treat this particular breach as a serious breach for the purposes of his ......
  • Justmark Industries Inc. v. Infinitus (China) Ltd.
    • Canada
    • Ontario Superior Court of Justice
    • October 25, 2022
    ...had (1) a full knowledge of rights; and (2) an unequivocal and conscious intention to abandon them. (Campbell v. 1493951 Ontario Inc., 2021 ONCA 169, at para. 12, citing Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490, at [13]   &nbs......
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4 cases
  • The Dominion of Canada Insurance Company v. Trafalgar Insurance Company
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2022
    ...ING v. Non-Marine Underwriters, 2005 CarswellOnt 12044; Campanaro v. Kim, 1998 CarswellOnt 3499. [8] Campbell v.1493951 Ontario Inc., 2021 ONCA 169. [9] Bradfield v. Royal Sun Alliance Company of Canada, 2019 ONCA 800; Ryan v. Moore, 2005 SCC 38. [10] Continental Casualty Company v. Chubb I......
  • Airside Event Spaces Inc. v. Langley (Township)
    • Canada
    • Court of Appeal (British Columbia)
    • August 9, 2021
    ...rent predicated on misleading assurances by a lessee is unlikely to meet the requirements of a waiver: Campbell v. 1493951 Ontario Inc., 2021 ONCA 169 at para. [61] Finally, I agree with Langley that the judge did not treat this particular breach as a serious breach for the purposes of his ......
  • Persaud v. Ramawad
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 16, 2021
    ...Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490 at para. 20 and Campbell v. 1493951 Ontario Inc., 2021 ONCA 169 at para. [103] Absolutely nothing in the factual context of this motion supports a finding of a clear and unequivocal waiver on the part of t......
  • Justmark Industries Inc. v. Infinitus (China) Ltd.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 25, 2022
    ...had (1) a full knowledge of rights; and (2) an unequivocal and conscious intention to abandon them. (Campbell v. 1493951 Ontario Inc., 2021 ONCA 169, at para. 12, citing Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490, at [13]   &nbs......
2 firm's commentaries
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...Services Inc. v. Flesch, 2010 ONCA 633, Foodinvest Limited v. Royal Bank of Canada, 2020 ONCA 387 Campbell v. 1493951 Ontario Inc. , 2021 ONCA 169 Keywords: Contracts, Real Property, Commercial Leases, Illegal Use, Termination, Notice, Waiver, Remedies, Relief from Forfeiture, Cannabis Cont......
  • When Do Actions (or Inaction) Speak Louder Than Words? Justmark Industries Inc. v. Infinitus (China) Ltd., 2022 ONSC 5495
    • Canada
    • Mondaq Canada
    • November 18, 2022
    ...of Canada's decision in Saskatchewan River Bungalows Ltd. and the Ontario Court of Appeal's decision in Campbellv. 1493951 Ontario Inc., 2021 ONCA 169 to confirm that there are two requirements to establish waiver: (i) a party must have both a full knowledge of it rights; and (ii) the party......