Frohlich v. Ferraro
| Jurisdiction | Ontario |
| Judge | Hourigan and Brown JJ.A. and Himel J. (ad hoc) |
| Docket Number | C62262 |
| Date | 13 December 2017 |
| Citation | 2017 ONCA 978 |
| Court | Court of Appeal (Ontario) |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
11 practice notes
-
Court Of Appeal Summaries (January 23 ' 27, 2023)
...Andreadis v. Pinto (2009), 98 O.R. (3d) 701 (S.C.J.), Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8, Frohlich v. Ferraro, 2017 ONCA 978 Dorsey v. Canada (Attorney General) , 2023 ONCA 64 Keywords: Constitutional Law, Habeas Corpus, Deprivation of Liberty, Intervenor Status, Fri......
-
Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Act, R.S.O. 1990, c. E.19, s 99, Courts of Justice Act, R.S.O. 1990, c. C.43, s 130, Kaiman v. Graham, 2009 ONCA 77, Frohlich v. Ferraro, 2017 ONCA 978, Stellarbridge Management Inc. v. Magna International (Canada) Inc. (2004), 71 O.R. (3d) 263 (C.A.), Sorbam Investments Ltd. v. Litwack, 20......
-
Court Of Appeal Summaries (July 28, 2025 - August 1, 2025)
...of Woodland Windows Ltd., 2003 BCSC 497, Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, Frohlich v. Ferraro, 2017 ONCA 978, Kaiman v. Graham, 2009 ONCA 77, Costanza v. Desjardin Financial Security Life Insurance Company, 2023 ONCA 54, Farber v. Goldfinger, 2011 ONSC 2044......
-
2025 ONCA 563
...the issue would be raised”: Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, at para. 3. See also: Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para 5. The burden is on the party raising a new issue to establish that all the necessary facts are before the ap......
Get Started for Free
4 cases
-
North House Foods Ltd (Re)
...the issue would be raised”: Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, at para. 3. See also: Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para 5. The burden is on the party raising a new issue to establish that all the necessary facts are before the ap......
-
Sorbam Investments Ltd. v. Litwack
...trial is wholly inadequate to consider the issues: Kaiman v. Graham, 2009 ONCA 77, 245 O.A.C. 130, at paras. 18-24; Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para. 5. Prejudgment Interest [24]       Although not pursued in oral submissions bef......
-
Costanza v. Desjardins Financial Security Life Assurance Company
...is not appropriate to allow the insurer on appeal to fundamentally change the basis on which this argument was made: Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para. [85]       As it relates to this ground of appeal, the result of the applicati......
-
Costanza v Desjardins Financial Security Life Assurance Company
...is not appropriate to allow the insurer on appeal to fundamentally change the basis on which this argument was made: Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para. 85 As it relates to this ground of appeal, the result of the application could not be affected by the fresh ......
5 firm's commentaries
-
Court Of Appeal Summaries (January 23 ' 27, 2023)
...Andreadis v. Pinto (2009), 98 O.R. (3d) 701 (S.C.J.), Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8, Frohlich v. Ferraro, 2017 ONCA 978 Dorsey v. Canada (Attorney General) , 2023 ONCA 64 Keywords: Constitutional Law, Habeas Corpus, Deprivation of Liberty, Intervenor Status, Fri......
-
Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Act, R.S.O. 1990, c. E.19, s 99, Courts of Justice Act, R.S.O. 1990, c. C.43, s 130, Kaiman v. Graham, 2009 ONCA 77, Frohlich v. Ferraro, 2017 ONCA 978, Stellarbridge Management Inc. v. Magna International (Canada) Inc. (2004), 71 O.R. (3d) 263 (C.A.), Sorbam Investments Ltd. v. Litwack, 20......
-
Court Of Appeal Summaries (July 28, 2025 - August 1, 2025)
...of Woodland Windows Ltd., 2003 BCSC 497, Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, Frohlich v. Ferraro, 2017 ONCA 978, Kaiman v. Graham, 2009 ONCA 77, Costanza v. Desjardin Financial Security Life Insurance Company, 2023 ONCA 54, Farber v. Goldfinger, 2011 ONSC 2044......
-
Too Little, Too Late: Court Of Appeal Refuses To Consider New Defence In Environmental Contamination Case Of Sorbam Investments
...trial is wholly inadequate to consider the issues: Kaiman v. Graham, 2009 ONCA 77, 245 O.A.C. 130, at paras. 18-24; Frohlich v. Ferraro, 2017 ONCA 978, 85 R.P.R. (5th) 175, at para. This decision provides an important reminder that new issues cannot be raised at the appeal level. In order t......
Get Started for Free