Dale v. Frank,

JurisdictionOntario
JudgeStrathy, MacPherson , Hourigan
CourtCourt of Appeal (Ontario)
Citation2017 ONCA 32
Date17 January 2017

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19 practice notes
  • Court Of Appeal Summaries (October 4-8, 2021)
    • Canada
    • Mondaq Canada
    • October 13, 2021
    ...LLP v. New Brunswick, 2021 SCC 31, McSween v. Louis (2000), 132 O.R. (3d) 304 (C.A.), Lawless v. Anderson, 2011 ONCA 102, Dale v. Frank, 2017 ONCA 32, leave to appeal to S.C.C. refused, 37494 (October 12, 2017), Morrison v. Barzo, 2018 ONCA 979 OMJ Mortgage Capital Inc. v. King Square Limit......
  • Court Of Appeal Summaries (October 4-8, 2021)
    • Canada
    • Mondaq Canada
    • October 13, 2021
    ...LLP v. New Brunswick, 2021 SCC 31, McSween v. Louis (2000), 132 O.R. (3d) 304 (C.A.), Lawless v. Anderson, 2011 ONCA 102, Dale v. Frank, 2017 ONCA 32, leave to appeal to S.C.C. refused, 37494 (October 12, 2017), Morrison v. Barzo, 2018 ONCA 979 OMJ Mortgage Capital Inc. v. King Square Limit......
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...with certainty that … injuries were caused by the fault of the defendant” in order for a limitation period to be activated: Dale v. Frank, 2017 ONCA 32, 136 O.R. (3d) 315, at para. 7. See also Kowal v. Shyiak, 2012 ONCA 512, 296 O.A.C. 352, at para. 18; Bennett v. J.K. (Jim) Moore Ltd., 201......
  • Noddle v. The Ontario Ministry of Health,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 17, 2019
    ...with certainty that … injuries were caused by the fault of the defendant” in order for a limitation period to be activated: Dale v. Frank¸ 2017 ONCA 32, at para. 7, aff’g 2016 ONSC 3211. The question to be posed for discovery of a claim, as stated by the Ontario Court of Appeal in Dale, at ......
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14 cases
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...with certainty that … injuries were caused by the fault of the defendant” in order for a limitation period to be activated: Dale v. Frank, 2017 ONCA 32, 136 O.R. (3d) 315, at para. 7. See also Kowal v. Shyiak, 2012 ONCA 512, 296 O.A.C. 352, at para. 18; Bennett v. J.K. (Jim) Moore Ltd., 201......
  • Noddle v. The Ontario Ministry of Health,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 17, 2019
    ...with certainty that … injuries were caused by the fault of the defendant” in order for a limitation period to be activated: Dale v. Frank¸ 2017 ONCA 32, at para. 7, aff’g 2016 ONSC 3211. The question to be posed for discovery of a claim, as stated by the Ontario Court of Appeal in Dale, at ......
  • Ruffolo v. Toronto-Dominion Bank,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 17, 2019
    ...The question to be posed when assessing whether a claim was discoverable, as stated by the Ontario Court of Appeal in Dale v. Frank¸ 2017 ONCA 32, 136 O.R. (3d) 315 at para. 7 is “whether the prospective plaintiff knows enough facts on which to base an allegation of negligence a......
  • Babjak v. Karas,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 29, 2018
    ...period to be activated. The question to be posed for discovery of a claim, as stated by the Ontario Court of Appeal in Dale v. Frank¸ 2017 ONCA 32, [2017] O.J. No. 216 at para. 7, aff’g 2016 ONSC 3211, [2016] O.J. No. 2661, is “whether the prospective plaintiff knows enough facts on which t......
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5 firm's commentaries
  • Court Of Appeal Summaries (October 4-8, 2021)
    • Canada
    • Mondaq Canada
    • October 13, 2021
    ...LLP v. New Brunswick, 2021 SCC 31, McSween v. Louis (2000), 132 O.R. (3d) 304 (C.A.), Lawless v. Anderson, 2011 ONCA 102, Dale v. Frank, 2017 ONCA 32, leave to appeal to S.C.C. refused, 37494 (October 12, 2017), Morrison v. Barzo, 2018 ONCA 979 OMJ Mortgage Capital Inc. v. King Square Limit......
  • Court Of Appeal Summaries (October 4-8, 2021)
    • Canada
    • Mondaq Canada
    • October 13, 2021
    ...LLP v. New Brunswick, 2021 SCC 31, McSween v. Louis (2000), 132 O.R. (3d) 304 (C.A.), Lawless v. Anderson, 2011 ONCA 102, Dale v. Frank, 2017 ONCA 32, leave to appeal to S.C.C. refused, 37494 (October 12, 2017), Morrison v. Barzo, 2018 ONCA 979 OMJ Mortgage Capital Inc. v. King Square Limit......
  • Court Of Appeal Summaries (January 16 – 20, 2017
    • Canada
    • Mondaq Canada
    • January 27, 2017
    ...v. Trump, 2017 ONCA 34 Keywords: Endorsement, Civil Procedure, Summary Judgment, Costs, Rules of Civil Procedure, Rule 49 Dale v. Frank, 2017 ONCA 32 Keywords: Torts, Negligence, Medical Malpractice, Breach of Fiduciary Duty, Summary Judgment, Limitation Periods, Limitations Act, 2002, s. 5......
  • Top 5 Civil Appeals from the Court of Appeal (February 2017)
    • Canada
    • Mondaq Canada
    • February 24, 2017
    ...held that the personal injury damages "cap" did not apply to damages for psychological injury. The appeal was dismissed. Dale v. Frank, 2017 ONCA 32 (Strathy C.J.O., MacPherson and Hourigan JJ.A.), January 17, The appellants were patients of the respondent. Between September 2012 and August......
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