D‰ÛªOnofrio v. Advantage Car & Truck Rentals Limited
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Gillese, Benotto , Roberts |
| Citation | 2017 ONCA 5 |
| Date | 05 January 2017 |
| Subject Matter | ESTOPPEL,TORTS,PRACTICE |
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4 practice notes
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Friendly v. 1671379 Ontario Inc.
...judicial determination: Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295, at para. 64; D’Onofrio v. Advantage Car & Truck Rentals, 2017 ONCA 5, 135 O.R. (3d) 260, at para. 44. They argue that, as a consent judgment, the security interest that the Mesbur Judgment creates in the BTIG i......
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Court Of Appeal Summaries (January 3 January 6, 2017)
...Breach of Fiduciary Duty, Contracts, Forum Selection Clauses, Summary Judgement D'Onofrio v. Advantage Car & Truck Rentals Limited, 2017 ONCA 5 Keywords: Civil Procedure, Orders, On Consent, Unopposed, Setting Aside Roulston v McKenny, 2017 ONCA 9 Keywords: Estates, Trustee Act , RSO......
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The Perils Of Taking 'No Position' On A Summary Judgment Motion
...recent decision of the Ontario Court of Appeal, D'Onofrio v. Advantage Car & Truck Rentals Ltd., 2017 ONCA 5, asks whether a party who takes "no position" on a summary judgment motion is later bound by the motion judge's findings in the ongoing litigation. The case highlights the danger......
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J.D. v. M.C.
...the fact that none of the parties continue to support the consent order. [50] In D’Onofrio v. Advantage Car & Truck Rentals Limited, 2017 ONCA 5, the Ontario Court of Appeal stated, at para. A consent judgment is not a judicial determination on the merits of a case but only an agreement......
2 cases
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Friendly v. 1671379 Ontario Inc.
...judicial determination: Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295, at para. 64; D’Onofrio v. Advantage Car & Truck Rentals, 2017 ONCA 5, 135 O.R. (3d) 260, at para. 44. They argue that, as a consent judgment, the security interest that the Mesbur Judgment creates in the BTIG i......
-
J.D. v. M.C.
...the fact that none of the parties continue to support the consent order. [50] In D’Onofrio v. Advantage Car & Truck Rentals Limited, 2017 ONCA 5, the Ontario Court of Appeal stated, at para. A consent judgment is not a judicial determination on the merits of a case but only an agreement......
2 firm's commentaries
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Court Of Appeal Summaries (January 3 January 6, 2017)
...Breach of Fiduciary Duty, Contracts, Forum Selection Clauses, Summary Judgement D'Onofrio v. Advantage Car & Truck Rentals Limited, 2017 ONCA 5 Keywords: Civil Procedure, Orders, On Consent, Unopposed, Setting Aside Roulston v McKenny, 2017 ONCA 9 Keywords: Estates, Trustee Act , RSO......
-
The Perils Of Taking 'No Position' On A Summary Judgment Motion
...recent decision of the Ontario Court of Appeal, D'Onofrio v. Advantage Car & Truck Rentals Ltd., 2017 ONCA 5, asks whether a party who takes "no position" on a summary judgment motion is later bound by the motion judge's findings in the ongoing litigation. The case highlights the danger......
