Clearway Construction Inc. v. The City of Toronto, 2018 ONSC 1736
| Jurisdiction | Ontario |
| Judge | SANFILIPPO J. |
| Citation | 2018 ONSC 1736 |
| Docket Number | CV-11-430661 |
| Court | Superior Court of Justice of Ontario (Canada) |
| Date | 13 March 2018 |
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6 practice notes
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Trefler v. Elias, 2020 ONSC 582
...on which such judgment can be granted for either the moving party or respondent: Clearway Construction Inc. v. The City of Toronto, 2018 ONSC 1736, at para. [81] While Rule 16(6.1) provides the court hearing a summary judgment motion with “enhanced forensic tools” to deal with conflicting e......
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Toronto-Dominion Bank v. 1633092 Ontario Ltd. et al., 2019 ONSC 1473
...its evidentiary burden of establishing that there is no genuine issue for trial (Clearway Construction Inc. v. City of Toronto, 2018 ONSC 1736). [40] In addition to the Summary Judgment caselaw that we are all aware of, there is new emerging caselaw in Ontario regarding whether or not it is......
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When Courts Will Permit Deviation From Notice Requirements
...conduct prevented it from insisting on the strict interpretation of the contract. In Clearway Construction Inc. v The City of Toronto, 2018 ONSC 1736, 2018 CarswellOnt 4308 [Clearway], the Court interpreted the same notice requirement that was strictly applied by the Ontario Court of Appeal......
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Elegant Fa ades Inc. v. Broccolini Construction (Toronto) Inc.,
...of the subcontractor. See: 2016637 Ontario Inc. v. Catan Canada Inc, 2013 ONSC 4727; Clearway Construction Inc. v. The City of Toronto, 2018 ONSC 1736; and, Limen Structures Ltd. v. Brookfield Multiplex Construction Canada Limited, 2017 ONSC 5071. I accept that such an approach is appropria......
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4 cases
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Toronto-Dominion Bank v. 1633092 Ontario Ltd. et al., 2019 ONSC 1473
...its evidentiary burden of establishing that there is no genuine issue for trial (Clearway Construction Inc. v. City of Toronto, 2018 ONSC 1736). [40] In addition to the Summary Judgment caselaw that we are all aware of, there is new emerging caselaw in Ontario regarding whether or not it is......
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Trefler v. Elias, 2020 ONSC 582
...on which such judgment can be granted for either the moving party or respondent: Clearway Construction Inc. v. The City of Toronto, 2018 ONSC 1736, at para. [81] While Rule 16(6.1) provides the court hearing a summary judgment motion with “enhanced forensic tools” to deal with conflicting e......
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Elegant Fa ades Inc. v. Broccolini Construction (Toronto) Inc.,
...of the subcontractor. See: 2016637 Ontario Inc. v. Catan Canada Inc, 2013 ONSC 4727; Clearway Construction Inc. v. The City of Toronto, 2018 ONSC 1736; and, Limen Structures Ltd. v. Brookfield Multiplex Construction Canada Limited, 2017 ONSC 5071. I accept that such an approach is appropria......
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Heliotrope Investment Corporation v. 1324789 Ontario Inc. et al,
...its evidentiary burden of establishing that there is no genuine issue for trial: Clearway Construction Inc. v. City of Toronto, 2018 ONSC 1736, 89 C.L.R. (4th) 222, at para. [19] I will start off by reviewing the documents filed in this matter. The ......
2 firm's commentaries
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When Courts Will Permit Deviation From Notice Requirements
...conduct prevented it from insisting on the strict interpretation of the contract. In Clearway Construction Inc. v The City of Toronto, 2018 ONSC 1736, 2018 CarswellOnt 4308 [Clearway], the Court interpreted the same notice requirement that was strictly applied by the Ontario Court of Appeal......
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Don't Let Notice Requirements In Your Construction Contracts Go Unnoticed
...Limen Structures Ltd v Brookfield Multiplex Construction Canada Limited, 2017 ONSC 5071; Clearway Construction Inc v The City of Toronto, 2018 ONSC 1736. Doyle Construction Co v Carling O'Keefe Breweries of Canada Ltd, [1988] BCJ No 832, 10 ACWS (3d) 266 (BC CA) at para The content of this ......