Davidoff v. Sobeys Ontario,
| Jurisdiction | Ontario |
| Judge | Tulloch, Benotto and Huscroft JJ.A. |
| Citation | 2019 ONCA 684 |
| Docket Number | C65664 |
| Court | Court of Appeal (Ontario) |
| Date | 04 September 2019 |
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10 practice notes
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COURT OF APPEAL SUMMARIES (JANUARY 18 – 22, 2021)
...Associates Inc. (2001), 150 O.A.C. 49 (C.A.), 1100997 Ontario Ltd. v. North Elgin Centre Inc., 2016 ONCA 848, Davidoff v. Sobeys Ontario, 2019 ONCA 684, Brozmanova v. Tarshis, 2018 ONCA 523, Justice Graeme Mew, Debra Rolph & Daniel Zacks, The Law of Limitations, 3rd ed. (Toronto: LexisNexis......
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Court Of Appeal Summaries (January 18 ' 22, 2021)
...Associates Inc. (2001), 150 O.A.C. 49 (C.A.), 1100997 Ontario Ltd. v. North Elgin Centre Inc., 2016 ONCA 848, Davidoff v. Sobeys Ontario, 2019 ONCA 684, Brozmanova v. Tarshis, 2018 ONCA 523, Justice Graeme Mew, Debra Rolph & Daniel Zacks, The Law of Limitations, 3rd ed. (Toronto: LexisNexis......
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Kaynes v. BP, PLC,
...Inc., [2005] O.J. No. 2265 (C.A.); Beardsley v. Ontario Provincial Police (2001), 57 O.R. (3d) 1 (C.A.) [56] Davidoff v. Sobeys Ontario, 2019 ONCA 684; Salewski v. Lalonde, 2017 ONCA 515 at paras. 43-46; Amrane v. York University, 2016 ONSC 7847 at paras. 14-15 (Div. Ct.); Maynards Industri......
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Ontario Court Of Appeal Summaries (September 3 6 2019)
...v Bennett Estate (2003), 64 OR (3d) 191 (CA), Vout v Hay, [1995] 2 SCR 876, FH v McDougall, 2008 SCC 53 Davidoff v. Sobeys Ontario Ltd., 2019 ONCA 684 Keywords: Employment Law, Wrongful Dismissal, Civil Procedure, Striking Pleadings, Determination of Question of Law, Limitation Periods, Cos......
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6 cases
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Kaynes v. BP, PLC,
...Inc., [2005] O.J. No. 2265 (C.A.); Beardsley v. Ontario Provincial Police (2001), 57 O.R. (3d) 1 (C.A.) [56] Davidoff v. Sobeys Ontario, 2019 ONCA 684; Salewski v. Lalonde, 2017 ONCA 515 at paras. 43-46; Amrane v. York University, 2016 ONSC 7847 at paras. 14-15 (Div. Ct.); Maynards Industri......
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Kaynes v. BP p.l.c.,
...[78] Two other recent cases have discussed and applied the “no facts in issue” exception to the rule. In Davidoff v. Sobeys Ontario, 2019 ONCA 684, leave to appeal to S.C.C. refused, 38953 (April 9, 2020), the plaintiff issued a statement of claim on November 1, 2017, seeking to sue Sobeys ......
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Tataryn v. Diamond & Diamond,
...are contained in the applicable pleadings, a limitation question can be determined on a Rule 21.01 motion: Davidoff v. Sobeys Ontario, 2019 ONCA 684. For a proposed class action, the representative Plaintiff must have a stake in the outcome and may not be an individual whose claim is barred......
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Davis v Attorney General of Canada et Al,
...[Footnotes omitted.] 32 It is rare for a limitations issue to be decided on a pre-trial motion to strike: Davidoff v. Sobeys Ontario, 2019 ONCA 684, at paras. 10, 14 and 15. If findings of fact are required to be made, the matter is better left for 33 I agree with the Defendant that the Pla......
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4 firm's commentaries
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COURT OF APPEAL SUMMARIES (JANUARY 18 – 22, 2021)
...Associates Inc. (2001), 150 O.A.C. 49 (C.A.), 1100997 Ontario Ltd. v. North Elgin Centre Inc., 2016 ONCA 848, Davidoff v. Sobeys Ontario, 2019 ONCA 684, Brozmanova v. Tarshis, 2018 ONCA 523, Justice Graeme Mew, Debra Rolph & Daniel Zacks, The Law of Limitations, 3rd ed. (Toronto: LexisNexis......
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Court Of Appeal Summaries (January 18 ' 22, 2021)
...Associates Inc. (2001), 150 O.A.C. 49 (C.A.), 1100997 Ontario Ltd. v. North Elgin Centre Inc., 2016 ONCA 848, Davidoff v. Sobeys Ontario, 2019 ONCA 684, Brozmanova v. Tarshis, 2018 ONCA 523, Justice Graeme Mew, Debra Rolph & Daniel Zacks, The Law of Limitations, 3rd ed. (Toronto: LexisNexis......
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Ontario Court Of Appeal Summaries (September 3 6 2019)
...v Bennett Estate (2003), 64 OR (3d) 191 (CA), Vout v Hay, [1995] 2 SCR 876, FH v McDougall, 2008 SCC 53 Davidoff v. Sobeys Ontario Ltd., 2019 ONCA 684 Keywords: Employment Law, Wrongful Dismissal, Civil Procedure, Striking Pleadings, Determination of Question of Law, Limitation Periods, Cos......
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A Rule 21 Motion Is Appropriate To Determine A Limitation Issue When No Material Facts Are In Dispute, And No Finding Of Discoverability Is Required
...Davidoff v Sobeys Ontario, 2019 ONCA 684, the Court of Appeal for Ontario considered the formal requirements that must be in a Notice of Action in order to properly commence a claim within the limitation period, and whether it was appropriate to bring a Rule 21 motion to strike to determine......