Gaur et al. v. Datta et al.,

JurisdictionOntario
JudgeRouleau, van Rensburg and Pardu, JJ.A.
CourtCourt of Appeal (Ontario)
Citation2015 ONCA 151,[2015] O.A.C. Uned. 124,[2015] O.A.C. Uned. 124 (CA)
Date12 March 2015

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15 practice notes
  • Court Of Appeal Summaries (September 30-October 4)
    • Canada
    • Mondaq Canada
    • October 23, 2019
    ...of Toronto, 2013 ONCA 655, Taylor v Canada (Attorney General), 2012 ONCA 479, Pearson v Inco Ltd., [2001] OTC 919, Gaur v Datta, 2015 ONCA 151, Best v Ranking, 2015 ONSC 6269, Janssen-Ortho Inc. v. Amgen Canada Inc. (2005), 256 DLR (4th) 407, Web Offset Publications Ltd v Vickery (1999), 43......
  • Agnew-Americano v. Equifax Canada Co.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 13, 2019
    ...hearing. In any event, the court on a motion to strike is entitled to review the documents referred to in the pleadings (Gaur v. Datta, 2015 ONCA 151, at para. 5). [22] All allegations set out in section 2.3(f) are quoted verbatim from the Claim. [23] The pleading refers to “footnote”, but ......
  • Darmar Farms Inc. v. Syngenta Canada Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • October 4, 2019
    ...particulars themselves. [41] Darmar argues that ignoring the particulars and the documents attached to them was wrong. In Gaur v. Datta, 2015 ONCA 151, at para. 5, this court held that “[i]n determining whether a cause of action is disclosed, particulars can be considered as part of the ple......
  • Naghshineh v. Zadeh, 2021 ONSC 1132
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 12, 2021
    ...that is referred to in the pleadings and forms an integral part of the factual matrix of the claim may be considered, see Gaur v. Datta, 2015 ONCA 151 at para. 5 and McCreight v. Canada, 2013 ONCA 483 at para. 29. [8]       The parties in this case agree that t......
  • Get Started for Free
13 cases
  • Agnew-Americano v. Equifax Canada Co.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 13, 2019
    ...hearing. In any event, the court on a motion to strike is entitled to review the documents referred to in the pleadings (Gaur v. Datta, 2015 ONCA 151, at para. 5). [22] All allegations set out in section 2.3(f) are quoted verbatim from the Claim. [23] The pleading refers to “footnote”, but ......
  • Darmar Farms Inc. v. Syngenta Canada Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • October 4, 2019
    ...particulars themselves. [41] Darmar argues that ignoring the particulars and the documents attached to them was wrong. In Gaur v. Datta, 2015 ONCA 151, at para. 5, this court held that “[i]n determining whether a cause of action is disclosed, particulars can be considered as part of the ple......
  • Naghshineh v. Zadeh, 2021 ONSC 1132
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 12, 2021
    ...that is referred to in the pleadings and forms an integral part of the factual matrix of the claim may be considered, see Gaur v. Datta, 2015 ONCA 151 at para. 5 and McCreight v. Canada, 2013 ONCA 483 at para. 29. [8]       The parties in this case agree that t......
  • Chuvalo v. Worsoff,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 11, 2022
    ...See paragraph 45 of Joanne’s factum. [32]          2015 ONCA 151, at para. 25. [33]          2014 SCC 12, at para. 2 and 5. [34]          G.H.L. Fridman, The Law of......
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3 firm's commentaries
  • COURT OF APPEAL SUMMARIES (SEPTEMBER 30 – OCTOBER 4 2019)
    • Canada
    • LexBlog Canada
    • October 4, 2019
    ...of Toronto, 2013 ONCA 655, Taylor v Canada (Attorney General), 2012 ONCA 479, Pearson v Inco Ltd., [2001] OTC 919, Gaur v Datta, 2015 ONCA 151, Best v Ranking, 2015 ONSC 6269, Janssen-Ortho Inc. v. Amgen Canada Inc. (2005), 256 DLR (4th) 407, Web Offset Publications Ltd v Vickery (1999), 43......
  • Court Of Appeal Summaries (September 30-October 4)
    • Canada
    • Mondaq Canada
    • October 23, 2019
    ...of Toronto, 2013 ONCA 655, Taylor v Canada (Attorney General), 2012 ONCA 479, Pearson v Inco Ltd., [2001] OTC 919, Gaur v Datta, 2015 ONCA 151, Best v Ranking, 2015 ONSC 6269, Janssen-Ortho Inc. v. Amgen Canada Inc. (2005), 256 DLR (4th) 407, Web Offset Publications Ltd v Vickery (1999), 43......
  • Court Of Appeal Summaries (March 9-13, 2015)
    • Canada
    • Mondaq Canada
    • March 24, 2015
    ...was no evidence to support the elements of defamation and that the respondents were protected by a qualified privilege. Gaur v Datta,2015 ONCA 151 [Rouleau, van Rensburg and Pardu J.D. Keith and E. Moore, for the appellants C. Olsheski, for the respondents Keywords: Civil Litigation, Rules ......