Doyle Salewski Inc. v. Scott, 2019 ONSC 5108

JurisdictionOntario
JudgeGOMERY
Citation2019 ONSC 5108
Date30 August 2019
CourtSuperior Court of Justice of Ontario (Canada)
Docket Number15-65108
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24 practice notes
  • Scott v. Golden Oaks Enterprises Inc., 2024 SCC 32
    • Canada
    • Supreme Court (Canada)
    • 11 Octubre 2024
    ...295 , 1 C.B.R. (7th) 53 , [2022] O.J. No. 2999 (Lexis), 2022 CarswellOnt 9234 (WL), affirming in part a decision of Gomery J., 2019 ONSC 5108, 76 C.B.R. (6th) 3 , [2019] O.J. No. 4446 (Lexis), 2019 CarswellOnt 14145 (WL). Appeal          ......
  • Court Of Appeal Summaries (July 4 ' 8, 2022)
    • Canada
    • Mondaq Canada
    • 12 Julio 2022
    ...Code, R.S.C. 1985, c. C-46, s 347, Limitations Act, 2002, s 5, s 12, Securities Act, R.S.O. 1990, c. S.5, Doyle Salewski Inc. v. Scott, 2019 ONSC 5108, Housen v. Nikolaisen, 2002 SCC 33, Canada v. McLarty, 2008 SCC 26, Montor Business Corporation v. Goldfinger, 2016 ONCA 406, Canadian Dredg......
  • PricewaterhouseCoopers Inc v Perpetual Energy Inc,
    • Canada
    • Court of Appeal (Alberta)
    • 25 Enero 2021
    ...mean that a trustee cannot take a proper adversarial role in litigation. As noted in Golden Oaks Enterprises Inc (Trustee of) v Scott, 2019 ONSC 5108 at para. 48 The defendants’ argument implies that a trustee in bankruptcy must refrain from any advocacy for the position it is taking in lit......
  • Golden Oaks Enterprises Inc. v. Scott, 2022 ONCA 509
    • Canada
    • Court of Appeal (Ontario)
    • 4 Julio 2022
    ...On appeal from the judgment of Justice Sally A. Gomery of the Superior Court of Justice, dated August 30, 2019, with reasons reported at 2019 ONSC 5108, 76 C.B.R. (6th) Sossin J.A.: OVERVIEW [1]          This appeal arises out of a failed fi......
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17 cases
  • PricewaterhouseCoopers Inc v Perpetual Energy Inc,
    • Canada
    • Court of Appeal (Alberta)
    • 25 Enero 2021
    ...mean that a trustee cannot take a proper adversarial role in litigation. As noted in Golden Oaks Enterprises Inc (Trustee of) v Scott, 2019 ONSC 5108 at para. 48 The defendants’ argument implies that a trustee in bankruptcy must refrain from any advocacy for the position it is taking in lit......
  • Golden Oaks Enterprises Inc. v. Scott, 2022 ONCA 509
    • Canada
    • Court of Appeal (Ontario)
    • 4 Julio 2022
    ...On appeal from the judgment of Justice Sally A. Gomery of the Superior Court of Justice, dated August 30, 2019, with reasons reported at 2019 ONSC 5108, 76 C.B.R. (6th) Sossin J.A.: OVERVIEW [1]          This appeal arises out of a failed fi......
  • CPC Networks Corp. v McDougall Gauley LLP, 2021 SKCA 127
    • Canada
    • Court of Appeal (Saskatchewan)
    • 22 Septiembre 2021
    ...the section. [76]         The reasoning in Ridel was applied in Doyle Salewski Inc. v Scott, 2019 ONSC 5108. The Court there found that the limitation clock did not run for so long as the individual who was the only corporate officer and director cont......
  • Bunzl IP Holdings, LLC v. Winnipeg Pants & Sportswear Mfg Ltd., 2022 FC 813
    • Canada
    • Federal Court (Canada)
    • 3 Junio 2022
    ...see, e.g., Exeter v Canada (Attorney General), 2015 FCA 260 at para 9; Caterpillar at paras 30–31, 42; Doyle Salewski Inc v Scott, 2019 ONSC 5108 at paras 25–32. However, the decision not to cross-examine remains relevant to the assessment of evidence, and to the strength of a......
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6 firm's commentaries
  • Court Of Appeal Summaries (July 4 ' 8, 2022)
    • Canada
    • Mondaq Canada
    • 12 Julio 2022
    ...Code, R.S.C. 1985, c. C-46, s 347, Limitations Act, 2002, s 5, s 12, Securities Act, R.S.O. 1990, c. S.5, Doyle Salewski Inc. v. Scott, 2019 ONSC 5108, Housen v. Nikolaisen, 2002 SCC 33, Canada v. McLarty, 2008 SCC 26, Montor Business Corporation v. Goldfinger, 2016 ONCA 406, Canadian Dredg......
  • When Does A Corporation "Discover" A Wrong By The Controlling Board Of Directors?
    • Canada
    • Mondaq Canada
    • 8 Octubre 2021
    ...the relevant consideration. However, he went on to note the decisions in Ridel v Goldberg, 2019 ONCA 636 and Doyle Salewski Inc. v Scott, 2019 ONSC 5108, which suggest that it is not until those with knowledge and independent of the wrongdoing have control of the corporation that the limita......
  • When Does A Corporation "Discover" A Wrong By The Controlling Board Of Directors?
    • Canada
    • Mondaq Canada
    • 8 Octubre 2021
    ...the relevant consideration. However, he went on to note the decisions in Ridel v Goldberg, 2019 ONCA 636 and Doyle Salewski Inc. v Scott, 2019 ONSC 5108, which suggest that it is not until those with knowledge and independent of the wrongdoing have control of the corporation that the limita......
  • Clawback Proceedings In Bankrupt Ponzi Schemes
    • Canada
    • Mondaq Canada
    • 7 Noviembre 2019
    ...from Golden Oaks in 2012 and 2013. These 17 actions were consolidated and heard together. The court in Doyle Salewski Inc. v Scott, 2019 ONSC 5108 granted claims of unjust enrichment for recovery of usurious interest against most of the defendants as well as statutory claims under sections ......
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