Correct Building Corporation v. Lehman

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFeldman,Hoy,Lauwers
Citation2022 ONCA 723
Date21 October 2022
Docket NumberM53456; C70339

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2 practice notes
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...286,Denomme v. McArthur, 2013ONCA 694; 36 R.F.L. (7th) 273,Oliveira v. Oliveira, 2022 ONCA 218,Correct Building Corporation v. Lehman, 2022 ONCA 723,Duca Community Credit Union Ltd. v. Giovannoli(2001), 142 O.A.C. 146 (C.A.),40 Park Lane Circle v. Aiello, 2019ONCA 451,2403177 Ontario Inc. v......
  • Comfort Capital Inc. v. Yeretsian
    • Canada
    • Court of Appeal (Ontario)
    • April 24, 2023
    ...029’s opposition to the extension of time is ill-conceived. As this court observed in Correct Building Corporation v. Lehman, 2022 ONCA 723, at para. 11, the merits factor will traditionally “be used to support granting an extension when the other factors do not favour th......
8 cases
  • Liu v. Chan
    • Canada
    • Court of Appeal (Ontario)
    • September 19, 2024
    ...of time may still be warranted: see Auciello v. Mahadeo, 2016 ONCA 414, at paras. 14, 16; and Correct Building Corporation v. Lehman, 2022 ONCA 723, at para. [32] What about appeals that are completely devoid of merit? In Sabatino v. Posta Ital Bar Inc., 2022 ONCA 208 (“Sabatino”), Pepall J......
  • Gandhi v. Mayfield Arcadeium Holdings Ltd.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 15, 2024
    ...be deprived of their right of appeal when there is no real prejudice to the other side: Correct Building Corporation v. Lehman, 2022 ONCA 723 at para 15, citing 40 Park Lane at para 8; Attorney General of Ontario v. Hazout, 2023 ONSC 1961 (Div Ct) at para Intention to Appeal, Leng......
  • GlycoBioSciences Inc. (Glyco) v. MAGNA Pharmaceuticals, Inc. (Magna)
    • Canada
    • Court of Appeal (Ontario)
    • October 15, 2024
    ...judge’s decision under s. 7(5) of the Courts of Justice Act is not a de novo determination: Correct Building Corporation v. Lehman, 2022 ONCA 723, at para. 3; Machado v. Ontario Hockey Association, 2019 ONCA 210, at para. 9. Deference is owed to the discretionary decisions of a motion judge......
  • Comfort Capital Inc. v. Yeretsian
    • Canada
    • Court of Appeal (Ontario)
    • April 24, 2023
    ...Act. [13] 029’s opposition to the extension of time is ill-conceived. As this court observed in Correct Building Corporation v. Lehman, 2022 ONCA 723, at para. 11, the merits factor will traditionally “be used to support granting an extension when the other factors do not favour the applica......
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1 firm's commentaries
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...286,Denomme v. McArthur, 2013ONCA 694; 36 R.F.L. (7th) 273,Oliveira v. Oliveira, 2022 ONCA 218,Correct Building Corporation v. Lehman, 2022 ONCA 723,Duca Community Credit Union Ltd. v. Giovannoli(2001), 142 O.A.C. 146 (C.A.),40 Park Lane Circle v. Aiello, 2019ONCA 451,2403177 Ontario Inc. v......