Douglas v. Stan Fergusson Fuels Ltd.

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeHoy A.C.J.O., Rouleau, Hourigan, Benotto and Roberts JJ.A.
Citation2018 ONCA 192
Docket NumberC62079
Date09 March 2018

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25 practice notes
  • Court Of Appeal Summaries (July 4 ' 8, 2022)
    • Canada
    • Mondaq Canada
    • July 12, 2022
    ...Co. of Canada, 2010 SCC 33, Non-Marine Underwriters, Lloyd's of London v. Scalera, 2000 SCC 24, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192, Godonoaga (Litigation guardian of) v. Khatambakhsh (2000), 50 O.R. (3d) 417 (C.A.), M.(E.) v. Reed (2003), 49 C.C.L.I. (3d) 57 (Ont. C.A.), In......
  • Alberta Lawyers Insurance Association v Bourque, 2018 ABQB 821
    • Canada
    • Alberta Court of Queen''s Bench of Alberta (Canada)
    • September 25, 2018
    ...customers is sometimes expressed as the insurer “standing in the shoes” of the insured, for example: Douglas v Stan Fergusson Fuels Ltd, 2018 ONCA 192 at para 55; Robichaud v Pharmacie Acadienne de Beresford Ltd, 2008 NBCA 12 at para 12, 290 DLR (4th) 294. ALIA therefore has the same rights......
  • Court Of Appeal Summaries (September 4 ' 8, 2023)
    • Canada
    • Mondaq Canada
    • September 11, 2023
    ...Hryniak v. Mauldin, 2014 SCC 7, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192 Torgersrud v. Lightstone, 2023 ONCA 580 Keywords: Family Law, Domestic Contracts, Setting Aside, Disclosure, Lack of Understanding, Net Fami......
  • THE SUPER PANEL DOCTRINE.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 1, September 2021
    • September 10, 2021
    ...as per incuriam. (88) 2017 SKCA 42 [Walker] (89) 2018 SKCA 93. (90) See ibid at para 88. (91) See Douglas v Stan Fergusson Fuels Ltd, 2018 ONCA 192 at para 79 (where a super panel was convened to reconsider a prior decision that might have been decided per (92) Robson v The Law Society of U......
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19 cases
  • Alberta Lawyers Insurance Association v Bourque, 2018 ABQB 821
    • Canada
    • Alberta Court of Queen''s Bench of Alberta (Canada)
    • September 25, 2018
    ...customers is sometimes expressed as the insurer “standing in the shoes” of the insured, for example: Douglas v Stan Fergusson Fuels Ltd, 2018 ONCA 192 at para 55; Robichaud v Pharmacie Acadienne de Beresford Ltd, 2008 NBCA 12 at para 12, 290 DLR (4th) 294. ALIA therefore has the same rights......
  • Mizen Holdings Corporation v. Toronto (City) et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 21, 2023
    ...out to indemnify its insured.  Any additional recovery is the property of the insured:  Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192 (CanLII), at para. [108]                    &#......
  • Tuffnail v. Meekes
    • Canada
    • Court of Appeal (Ontario)
    • June 1, 2020
    ...T.H. Auto Sales Inc., 2011 ONSC 1870, 106 O.R. (3d) 201, aff’d 2011 ONCA 663, 342 D.L.R. (4th) 501; Douglas v. Stan Fergusson Fuels Ltd. 2018 ONCA 192, 139 O.R. (3d) 721, at para. 48, leave to appeal refused, [2018] S.C.C.A. No. 141. [33] The common law doctrine of subrogation can be modifi......
  • Byer (Re)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 18, 2022
    ...The principle from Ramgotra has been applied in various Canadian decisions, including Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192 at [78]       In Kingsway General Insurance Company v. Residential Warranty Company of Canada Inc. (Trustee of), 2006 ABCA ......
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5 firm's commentaries
  • Court Of Appeal Summaries (July 4 ' 8, 2022)
    • Canada
    • Mondaq Canada
    • July 12, 2022
    ...Co. of Canada, 2010 SCC 33, Non-Marine Underwriters, Lloyd's of London v. Scalera, 2000 SCC 24, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192, Godonoaga (Litigation guardian of) v. Khatambakhsh (2000), 50 O.R. (3d) 417 (C.A.), M.(E.) v. Reed (2003), 49 C.C.L.I. (3d) 57 (Ont. C.A.), In......
  • Court Of Appeal Summaries (September 4 ' 8, 2023)
    • Canada
    • Mondaq Canada
    • September 11, 2023
    ...Hryniak v. Mauldin, 2014 SCC 7, Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192 Torgersrud v. Lightstone, 2023 ONCA 580 Keywords: Family Law, Domestic Contracts, Setting Aside, Disclosure, Lack of Understanding, Net Fami......
  • Ontario Court Of Appeal Summaries (March 5 – March 9)
    • Canada
    • Mondaq Canada
    • March 13, 2018
    ...costs of the application fixed at $51,885.55 against DeJong and $14,017.23 against the Condos. Douglas v . Stan Fergusson Fuels Ltd., 2018 ONCA 192 [Hoy A.C.J.O., Rouleau, Hourigan, Benotto and Roberts Amy Pressman and Diana Weir, for the appellants Matthew Gervan, for the respondents Keyw......
  • Subrogating In The Name Of Bankrupt Insureds
    • Canada
    • Mondaq Canada
    • March 25, 2019
    ...in bankruptcy (with notice). The courts look upon insurers as sophisticated parties and hold them to a higher standard. Footnotes [1] 2018 ONCA 192. [2] Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 at s [3] Ibid at s 2. The content of this article is intended to provide a general gui......
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1 books & journal articles
  • THE SUPER PANEL DOCTRINE.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 1, September 2021
    • September 10, 2021
    ...as per incuriam. (88) 2017 SKCA 42 [Walker] (89) 2018 SKCA 93. (90) See ibid at para 88. (91) See Douglas v Stan Fergusson Fuels Ltd, 2018 ONCA 192 at para 79 (where a super panel was convened to reconsider a prior decision that might have been decided per (92) Robson v The Law Society of U......