CBM Ready Mix Division v. 8377278 Canada Inc., 2019 ONCA 886

JurisdictionOntario
JudgeSimmons, Pardu and Nordheimer JJ.A.
Citation2019 ONCA 886
Date07 November 2019
CourtCourt of Appeal (Ontario)
Docket NumberC66571
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3 practice notes
  • Court Of Appeal Summaries (November 4 – November 8 2019)
    • Canada
    • Mondaq Canada
    • November 19, 2019
    ...ONCA 225, Downing Street Financial Inc. v. Harmony Village-Sheppard Inc., 2017 ONCA 611 CBM Ready Mix Division v. 8377278 Canada Inc., 2019 ONCA 886 Keywords: Bankrupcty and Insolvency, Civil Procedure, Default Judgments, Survival in Bankruptcy, Fraud, Misappropriation and Defalcation While......
  • Yanic Dufresne Excavation Inc. v. Saint Joseph Developments Ltd. et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 5, 2021
    ...to go beyond the pleadings of the judgment obtained to make fresh findings of fact. In CBM Ready Mix Division v. 8377278 Canada Inc., 2019 ONCA 886, 75 C.B.R. (6th) 70, the court stated at para. 4: The appellants essentially assert that any misapplication of deemed trust funds, or failure t......
  • Convoy Supply v. Elite Construction,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 22, 2022
    ... In CBM Ready Mix Division, a Division of St. Mary's Cement Inc. v 8377278, Canada Inc., 2020 ONSC 1079, aff’d 2019 ONCA 886, the motion judge considered extrinsic evidence filed by the defendant and found that the breach of trust was due to his “unfortunate financia......
2 cases
  • Yanic Dufresne Excavation Inc. v. Saint Joseph Developments Ltd. et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 5, 2021
    ...to go beyond the pleadings of the judgment obtained to make fresh findings of fact. In CBM Ready Mix Division v. 8377278 Canada Inc., 2019 ONCA 886, 75 C.B.R. (6th) 70, the court stated at para. 4: The appellants essentially assert that any misapplication of deemed trust funds, or failure t......
  • Convoy Supply v. Elite Construction,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 22, 2022
    ... In CBM Ready Mix Division, a Division of St. Mary's Cement Inc. v 8377278, Canada Inc., 2020 ONSC 1079, aff’d 2019 ONCA 886, the motion judge considered extrinsic evidence filed by the defendant and found that the breach of trust was due to his “unfortunate financia......
1 firm's commentaries
  • Court Of Appeal Summaries (November 4 – November 8 2019)
    • Canada
    • Mondaq Canada
    • November 19, 2019
    ...ONCA 225, Downing Street Financial Inc. v. Harmony Village-Sheppard Inc., 2017 ONCA 611 CBM Ready Mix Division v. 8377278 Canada Inc., 2019 ONCA 886 Keywords: Bankrupcty and Insolvency, Civil Procedure, Default Judgments, Survival in Bankruptcy, Fraud, Misappropriation and Defalcation While......