Fung v. Decca Homes Limited, 2019 ONCA 848

JurisdictionOntario
JudgeFeldman, Fairburn and Jamal JJ.A.
Citation2019 ONCA 848
Date25 October 2019
CourtCourt of Appeal (Ontario)
Docket NumberC66680
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3 practice notes
  • Court Of Appeal Summaries (October 21 – October 25 2019)
    • Canada
    • Mondaq Canada
    • November 7, 2019
    ...in Property, Mortgage, Land Titles Act, R.S.O. c. L.5, s.62(2), Di Michele v. Di. Michele, 2014 ONCA 261 Fung v. Decca Homes Limited, 2019 ONCA 848 Keywords: Civil Procedure, Construction, Application for Payment, Parole Evidence Rule, Hawrish v. Bank of Montreal, [1969] S.C.R. 515 Criminal......
  • Hotbelly Inc. v. Buttar & Sons Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 1, 2021
    ...in the Lease may operate to bar enforcement of any such agreement because the agreement was not in writing (Fung v. Decca Homes Limited, 2019 ONCA 848 (C.A.)).  However, there is evidence of certain breaches of the Lease on the part of the defendant. If any breaches are proven, it cann......
  • GREWAL v. KHAIRA et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 12, 2021
    ...evidence rule holds that the alleged oral agreement cannot prevail over the clear written contractual terms: Fung v. Decca Homes Ltd., 2019 ONCA 848, at para. 5; Hawrish v. Bank of Montreal, [1969] S.C.R. 515, at p. 520. [42]           ......
2 cases
  • Hotbelly Inc. v. Buttar & Sons Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 1, 2021
    ...in the Lease may operate to bar enforcement of any such agreement because the agreement was not in writing (Fung v. Decca Homes Limited, 2019 ONCA 848 (C.A.)).  However, there is evidence of certain breaches of the Lease on the part of the defendant. If any breaches are proven, it cann......
  • GREWAL v. KHAIRA et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 12, 2021
    ...evidence rule holds that the alleged oral agreement cannot prevail over the clear written contractual terms: Fung v. Decca Homes Ltd., 2019 ONCA 848, at para. 5; Hawrish v. Bank of Montreal, [1969] S.C.R. 515, at p. 520. [42]           ......
1 firm's commentaries
  • Court Of Appeal Summaries (October 21 – October 25 2019)
    • Canada
    • Mondaq Canada
    • November 7, 2019
    ...in Property, Mortgage, Land Titles Act, R.S.O. c. L.5, s.62(2), Di Michele v. Di. Michele, 2014 ONCA 261 Fung v. Decca Homes Limited, 2019 ONCA 848 Keywords: Civil Procedure, Construction, Application for Payment, Parole Evidence Rule, Hawrish v. Bank of Montreal, [1969] S.C.R. 515 Criminal......

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