Fresco v. Canadian Imperial Bank of Commerce,

JurisdictionOntario
JudgeHarvison Young,Lauwers,Sossin
Citation2022 ONCA 115
Docket NumberC68590; C68649; C68801
CourtCourt of Appeal (Ontario)
Date09 February 2022
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5 practice notes
  • Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
    • Canada
    • Mondaq Canada
    • May 30, 2023
    ...Company), 2021 ONCA 141, Catalyst Capital Group Inc. v. VimpelCom Ltd., 2019 ONCA 354, Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, Nortel Networks Corporation (Re), 2013 ONCA 518, Solosky v. The Queen, [1980] 1 S.C.R. 821, Grain Farmers of Ontario v. Ontario (Ministry of th......
  • 2023 ONCA 73,
    • Canada
    • January 1, 2023
    ...the question in common given the finding that an aseptic technique was always required. In Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, the failure to pay employees for working overtime in accordance with the Canada Labour Code, R.S.C. 1985, c. L- 2, was r......
  • Levac v James,
    • Canada
    • Court of Appeal (Ontario)
    • February 2, 2023
    ...the question in common given the finding that an aseptic technique was always required. In Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, the failure to pay employees for working overtime in accordance with the Canada Labour Code, R.S.C. 1985, c. L- 2, was r......
  • 2023 ONCA 363,
    • Canada
    • January 1, 2023
    ...was final; and (3) the parties to the earlier and subsequent proceedings are the same: Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, at para. 79. Even where the three requirements for issue estoppel are met, the courts retain a residual discretion to refuse......
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4 cases
  • 2023 ONCA 73,
    • Canada
    • January 1, 2023
    ...the question in common given the finding that an aseptic technique was always required. In Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, the failure to pay employees for working overtime in accordance with the Canada Labour Code, R.S.C. 1985, c. L- 2, was r......
  • Levac v James,
    • Canada
    • Court of Appeal (Ontario)
    • February 2, 2023
    ...the question in common given the finding that an aseptic technique was always required. In Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, the failure to pay employees for working overtime in accordance with the Canada Labour Code, R.S.C. 1985, c. L- 2, was r......
  • 2023 ONCA 363,
    • Canada
    • January 1, 2023
    ...was final; and (3) the parties to the earlier and subsequent proceedings are the same: Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, at para. 79. Even where the three requirements for issue estoppel are met, the courts retain a residual discretion to refuse......
  • Bryton Capital Corporation GP Ltd v CIM Bayview Creek Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • May 19, 2023
    ...was final; and (3) the parties to the earlier and subsequent proceedings are the same: Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, 160 O.R. (3d) 173, at para. 79. Even where the three requirements for issue estoppel are met, the courts retain a residual discretion to refuse......
1 firm's commentaries
  • Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
    • Canada
    • Mondaq Canada
    • May 30, 2023
    ...Company), 2021 ONCA 141, Catalyst Capital Group Inc. v. VimpelCom Ltd., 2019 ONCA 354, Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115, Nortel Networks Corporation (Re), 2013 ONCA 518, Solosky v. The Queen, [1980] 1 S.C.R. 821, Grain Farmers of Ontario v. Ontario (Ministry of th......

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