Canada Life Insurance Company of Canada v. Canada (Attorney General), 2018 ONCA 562

JurisdictionOntario
JudgeSharpe, Epstein and van Rensburg JJ.A.
Citation2018 ONCA 562
CourtCourt of Appeal (Ontario)
Docket NumberC61470
Date21 June 2018
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21 practice notes
  • Canada (Attorney General) v. Collins Family Trust, 2022 SCC 26
    • Canada
    • Supreme Court (Canada)
    • June 17, 2022
    ...v. Canada (Attorney General), 2016 SCC 55 , [2016] 2 S.C.R. 670 ; Canada Life Insurance Co. of Canada v. Canada (Attorney General), 2018 ONCA 562, 141 O.R. (3d) 321 ; not followed: Re Pallen Trust, 2015 BCCA 222 , 385 D.L.R. (4th) 499 ; Pitt v. Holt, [2013] UKSC 26 , [2013] 2 A.C. 10......
  • Mistake
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • August 4, 2020
    ...at para 24. 304 Ibid. 305 Ibid at para 38. 306 Ibid at para 39. In Canada Life Insurance Company of Canada v Canada (Attorney General) , 2018 ONCA 562, the Ontario Court of Appeal took the additional step of holding that rescission of a transaction that has unintended tax consequences is al......
  • Kraft Heinz Canada ULC v. Canada (Attorney General),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 13, 2022
    ...there is available to the applicant an adequate alternative remedy; Canada Life Assurance Company of Canada v. Canada (Attorney General), 2018 ONCA 562 at para. 92 [Canada Life].  This engages consideration of the practical realities of the alternative courses of action and not si......
  • Court Of Appeal Summaries (June 18 – 22)
    • Canada
    • Mondaq Canada
    • July 2, 2018
    ...the court's ability to fully address the child's best interests. Canada Life Insurance Company of Canada v Canada (Attorney General), 2018 ONCA 562 [Sharpe, Epstein and van Rensburg JJ.A.] Counsel: Alexandra Humphrey, Alisa Apostle and Stephanie Hodge, for the appellant/respondent by cross-......
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9 cases
  • Canada (Attorney General) v. Collins Family Trust, 2022 SCC 26
    • Canada
    • Supreme Court (Canada)
    • June 17, 2022
    ...v. Canada (Attorney General), 2016 SCC 55 , [2016] 2 S.C.R. 670 ; Canada Life Insurance Co. of Canada v. Canada (Attorney General), 2018 ONCA 562, 141 O.R. (3d) 321 ; not followed: Re Pallen Trust, 2015 BCCA 222 , 385 D.L.R. (4th) 499 ; Pitt v. Holt, [2013] UKSC 26 , [2013] 2 A.C. 10......
  • Kraft Heinz Canada ULC v. Canada (Attorney General),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 13, 2022
    ...there is available to the applicant an adequate alternative remedy; Canada Life Assurance Company of Canada v. Canada (Attorney General), 2018 ONCA 562 at para. 92 [Canada Life].  This engages consideration of the practical realities of the alternative courses of action and not si......
  • Eyelet Investment Corp. v. Song, 2019 ONSC 5910
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 18, 2019
    ...rescind the Agreements simply for the failure to check the yes/no box. The Respondents relied on Canada Life Insurance Company v. Canada, 2018 ONCA 562, at para. 89, in their submission that a party seeking equitable rescission must establish the following: (1) the parties were under a comm......
  • Brent Carlson Family Trust v. Canada (National Revenue),
    • Canada
    • Federal Court (Canada)
    • May 28, 2021
    ...rectification, most notably the statement of the presiding judge in Canada Life Insurance Company of Canada v Canada (Attorney General), 2018 ONCA 562 (Canada Life) that “any equitable jurisdiction that a court may have to relieve against a mistake cannot be invoked in order to retro......
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11 firm's commentaries
  • Rectification: Where Are We Now?
    • Canada
    • Mondaq Canada
    • June 7, 2019
    ...steps to alter the dissolution of a limited partnership and change the effective date of dissolution of its general partner (Canada Life, 2018 ONCA 562); substitute the name of a corporate borrower with its parent company's name and interpose additional steps in a complex acquisition and re......
  • Court Of Appeal Summaries (June 18 – 22)
    • Canada
    • Mondaq Canada
    • July 2, 2018
    ...the court's ability to fully address the child's best interests. Canada Life Insurance Company of Canada v Canada (Attorney General), 2018 ONCA 562 [Sharpe, Epstein and van Rensburg JJ.A.] Counsel: Alexandra Humphrey, Alisa Apostle and Stephanie Hodge, for the appellant/respondent by cross-......
  • Rectification Is Back—Is Rescission Next?
    • Canada
    • Mondaq Canada
    • January 24, 2020
    ...Hotels denied the requested relief and did not appear promising (see, for example, Harvest Operations, 2017 ABCA 393, and Canada Life, 2018 ONCA 562). It can be argued, however, that the facts surrounding such earlier decisions did not fit the legal test for rectification (that is, the reli......
  • Top 5 Civil Appeals From The Court Of Appeal – July 2018
    • Canada
    • Mondaq Canada
    • July 24, 2018
    ...best interests. The Adjudicator's order was accordingly quashed. Canada Life Insurance Company of Canada v. Canada (Attorney General), 2018 ONCA 562 (Sharpe, Epstein and van Rensburg JJ.A.), June 21, In December 2007, the Canada Life Insurance Company of Canada ("CLICC") and some of its aff......
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1 books & journal articles
  • Mistake
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • August 4, 2020
    ...at para 24. 304 Ibid. 305 Ibid at para 38. 306 Ibid at para 39. In Canada Life Insurance Company of Canada v Canada (Attorney General) , 2018 ONCA 562, the Ontario Court of Appeal took the additional step of holding that rescission of a transaction that has unintended tax consequences is al......

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