Fournier-McGarry et al. v. Ontario et al.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeChiappetta, J.
Citation[2013] O.T.C. Uned. 2581,[2013] O.T.C. Uned. 2581 (SC),2013 ONSC 2581
Date08 May 2013
Subject MatterPRACTICE,LIMITATION OF ACTIONS,TORTS

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10 practice notes
  • COURT OF APPEAL SUMMARIES (AUGUST 23-27, 2021)
    • Canada
    • LexBlog Canada
    • August 27, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Court Of Appeal Summaries (August 23-27, 2021)
    • Canada
    • Mondaq Canada
    • August 31, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Court Of Appeal Summaries (August 23-27, 2021)
    • Canada
    • Mondaq Canada
    • August 31, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Kolosov v. Lowe's Companies Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 18, 2018
    ...of any prosecution that arose from the same facts: see Kolosov (ONCA), at para. 11; Fournier-McGarry (Litigation Guardian of) v. Ontario, 2013 ONSC 2581, at para. 16; and Wong, at para. [246] Since Andrei and Mihail were arrested and detained on March 13, 2010, any cause of action for wrong......
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6 cases
  • Kolosov v. Lowe's Companies Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 18, 2018
    ...of any prosecution that arose from the same facts: see Kolosov (ONCA), at para. 11; Fournier-McGarry (Litigation Guardian of) v. Ontario, 2013 ONSC 2581, at para. 16; and Wong, at para. [246] Since Andrei and Mihail were arrested and detained on March 13, 2010, any cause of action for wrong......
  • Winmill v. Woodstock (Police Services Board)
    • Canada
    • Court of Appeal (Ontario)
    • December 7, 2017
    ...from the date of the battery rather than the officers’ conviction on assault charges. See also EBF v. HMQ in Right of Ontario, et. al, 2013 ONSC 2581, and Wong v. Toronto Police Services Board, 2009 CarswellOnt 7412 (Ont. S.C.). Similarly, in Kolosov v. Lowe’s Companies Inc., 2016 ONCA 973,......
  • Vu v. Attorney General of Canada
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 21, 2020
    ...torts of false arrest and imprisonment … is well-settled. As Chiapetta J. noted in Fournier-McGarry (Litigation Guardian of) v. Ontario, 2013 ONSC 2581 at para. A claim for the common law torts of false arrest, false imprisonment and breach of Charter rights arising therefrom crystallizes o......
  • Bagha v Toronto Police Services Board
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 7, 2018
    ...that do not treat a peace bond as an automatic bar to a claim for malicious prosecution: E.B.F. v. H.M.Q. in Right of Ontario et al, 2013 ONSC 2581, at para. 30; Brown v. Woodstock (City) Police Service Board, 2017 ONSC 4218, 386 C.R.R. (2d) 1, at paras. 53-55, rev’d on other grounds......
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4 firm's commentaries
  • COURT OF APPEAL SUMMARIES (AUGUST 23-27, 2021)
    • Canada
    • LexBlog Canada
    • August 27, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Court Of Appeal Summaries (August 23-27, 2021)
    • Canada
    • Mondaq Canada
    • August 31, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Court Of Appeal Summaries (August 23-27, 2021)
    • Canada
    • Mondaq Canada
    • August 31, 2021
    ...s.32, Canadian Charter of Rights and Freedoms, Rules of Civil Procedure, Rule 20, Fournier-McGarry (Litigation guardian of) v. Ontario, 2013 ONSC 2581, Nicely v. Waterloo Regional Police Force, [1991] O.J. No. 460 (Ont. Div. Ct.), Mackenzie v. Martin, [1952] O.R. 849 (C.A.), at paras. 6-8, ......
  • Court Strikes Claims Against Crown
    • Canada
    • Mondaq Canada
    • March 27, 2014
    ...(Litigation Guardian of) v. Her Majesty the Queen in Right of Ontario et al, 2013 ONSC 2581 The plaintiff was arrested on June 26, 2008 for repeatedly sexually assaulting his daughter. The criminal charges against him were resolved by way of a peace bond on December 2, 2009. The plaintiff c......