Haudenosaunee Development Institute v. Metrolinx

JurisdictionOntario
JudgeSossin
Date22 February 2023
Docket NumberM54074; COA-23-OM-0047
Citation2023 ONCA 122
CourtCourt of Appeal (Ontario)

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3 practice notes
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...s. 87 and s. 36,RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311,Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122,Hunter et al. v. Southam Inc., [1984] 2 S.C.R. 145,Sazant v. College of Physicians and Surgeons of Ontario, 2012 ONCA 727,Thomson Newspapers L......
  • Court Of Appeal Summaries (February 2 ' 6, 2026)
    • Canada
    • Mondaq Canada
    • February 13, 2026
    ...Civil Procedure, Orders, Enforcement, Eviction, Leave to Appeal, Stay Pending Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 29 O.R. (3d) 612, Denison Mines Ltd. v. Ontario Hydro (2001), 56 O.R......
  • COURT OF APPEAL SUMMARIES (FEBRUARY 2 – FEBRUARY 6)
    • Canada
    • LexBlog Canada
    • February 8, 2026
    ...Civil Procedure, Orders, Enforcement, Eviction, Leave to Appeal, Stay Pending Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 29 O.R. (3d) 612, Denison Mines Ltd. v. Ontario Hydro (2001), 56 O.R......
10 cases
  • Universal Ostrich Farms Inc. v. Canada (Food Inspection Agency), 2025 FCA 164
    • Canada
    • Court of Appeal (Canada)
    • September 12, 2025
    ...of Physicians and Surgeons of Ontario v. Kilian, 2023 ONCA 281 at para. 8, citing Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122 at para. [15] However, where an application for a stay is brought under section 65.1 of the Supreme Court Act, the framework to decide the applic......
  • Fredericks v South Western Insurance Group Ltd
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 11, 2025
    ...injunction will not be issued if the moving party does not meet each prong in the test: Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, at para. 9 I dismiss the motion for an injunction. B. No serious question to be tried 10 The essential question raised by the Fredericks i......
  • Da Silveira et Al v Minister of Health et Al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 8, 2025
    ...SCC 5 at para 12. 5 Robert J. Sharpe, Injunctions and Specific Performance, § 2:17; Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, at para. 6. 6 Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII), [2020] 3 SCR 113 at para. 53. 7 Kahkewistahaw First Nation v. Taypota......
  • Leginj v Rahman
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 27, 2025
    ...to appeal, which is not subject to an appeal except in very limited circumstances: Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, at para. 23 As indicated above, the issue whether the November 22, 2024 Order of the LTB was final or interlocutory was not raised by the parti......
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3 firm's commentaries
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...s. 87 and s. 36,RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311,Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122,Hunter et al. v. Southam Inc., [1984] 2 S.C.R. 145,Sazant v. College of Physicians and Surgeons of Ontario, 2012 ONCA 727,Thomson Newspapers L......
  • COURT OF APPEAL SUMMARIES (FEBRUARY 2 – FEBRUARY 6)
    • Canada
    • LexBlog Canada
    • February 8, 2026
    ...Civil Procedure, Orders, Enforcement, Eviction, Leave to Appeal, Stay Pending Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 29 O.R. (3d) 612, Denison Mines Ltd. v. Ontario Hydro (2001), 56 O.R......
  • Court Of Appeal Summaries (February 2 ' 6, 2026)
    • Canada
    • Mondaq Canada
    • February 13, 2026
    ...Civil Procedure, Orders, Enforcement, Eviction, Leave to Appeal, Stay Pending Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 29 O.R. (3d) 612, Denison Mines Ltd. v. Ontario Hydro (2001), 56 O.R......