Holterman v. Fish

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFeldman, Cronk and Miller JJ.A.
Citation2017 ONCA 769
Docket NumberC62338
Date05 October 2017

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10 practice notes
  • Court Of Appeal Summaries (October 25-29, 2021)
    • Canada
    • Mondaq Canada
    • 3 Novembre 2021
    ...Procedure, Rule 1.04, 23.01(1), 24.01, 25.05, 26.02(a), 29.08(1), 29.1.03(2), 31.04(1), 47.01, 48.01, and 76.03(1), Holterman v. Fish, 2017 ONCA 769, Angelopoulos v. Angelopoulos (1986), 55 O.R. (2d) 101, Toronto (City) v. Abasi, 1990 CarswellOnt 2289, Glasjam Investments Ltd. v. Freeman, 2......
  • Court Of Appeal Summaries (October 25-29, 2021)
    • Canada
    • Mondaq Canada
    • 3 Novembre 2021
    ...Procedure, Rule 1.04, 23.01(1), 24.01, 25.05, 26.02(a), 29.08(1), 29.1.03(2), 31.04(1), 47.01, 48.01, and 76.03(1), Holterman v. Fish, 2017 ONCA 769, Angelopoulos v. Angelopoulos (1986), 55 O.R. (2d) 101, Toronto (City) v. Abasi, 1990 CarswellOnt 2289, Glasjam Investments Ltd. v. Freeman, 2......
  • Top 5 Civil Appeals From The Court Of Appeal - November 2017
    • Canada
    • Mondaq Canada
    • 28 Novembre 2017
    ...v. Fish, 2017 ONCA 769 (Feldman, Cronk and Miller JJ.A.), October 5, 2017 Reeb v. The Guarantee Company of North America, 2017 ONCA 771 (Sharpe, Lauwers and Roberts JJ.A.), October 5, 2017 North v. Metaswitch Networks Corporation, 2017 ONCA 790 (Feldman, Sharpe and Roberts JJ.A.), Octob......
  • Ontario Court Of Appeal Summaries (October 2 – October 6, 2017)
    • Canada
    • Mondaq Canada
    • 16 Ottobre 2017
    ...The jury's answer to this question was clearly "no" and it rejected the appellant's causation theory on the evidence. Holterman v. Fish, 2017 ONCA 769 [Feldman, Cronk and Miller F M Holterman and T. S. Tiffin, acting in person H A Daley and S. Bieber, for the respondents Keywords: Torts, Mi......
  • Get Started for Free
8 cases
  • Canada (Attorney General) v. Fabrikant
    • Canada
    • Court of Appeal (Canada)
    • 5 Luglio 2019
    ...to the discontinuance itself: see, e.g., Philipos v. Canada (Attorney General), 2016 FCA 79, [2016] 4 F.C.R. 268; Holterman v. Fish, 2017 ONCA 769; Naboulsi v. Canada (Citizenship and Immigration), 2018 FC 916. [38] The respondent is an inmate in a federal penitentiary. To facilitate the re......
  • Restoule v. Canada (Attorney General)
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 3 Ottobre 2019
    ...(3d) 257 at 274). [21] The test to admit fresh evidence has been recently reviewed by the Ontario Court of Appeal in Holterman v. Fish, 2017 ONCA 769, and Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670. In both cases, the court relies on the two-pronged test articulated by the Supreme Court ......
  • David v. Loblaw
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 25 Ottobre 2024
    ...face of a final order is to be done “sparingly and with the greatest care” and only in “exceptional circumstances”: Holterman v. Fish, 2017 ONCA 769, at para. 17. As the Federal Court of Appeal has observed, “If expectations of finality…are not enforced strictly and…can be easily reversed, ......
  • Shobrook Corporation v. George Goulet
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 23 Febbraio 2023
    ...Access Health was carried on by and was known as Oakwood Associates Advisory Group Ltd. (“Oakwood”). [2] Holterman v. Fish, 2017 ONCA 769, [2018] 3 C.T.C. 55 involved a consent discontinuance of an action by the plaintiff after four days of evidence at trial after the trial ju......
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4 firm's commentaries
  • Court Of Appeal Summaries (October 25-29, 2021)
    • Canada
    • Mondaq Canada
    • 3 Novembre 2021
    ...Procedure, Rule 1.04, 23.01(1), 24.01, 25.05, 26.02(a), 29.08(1), 29.1.03(2), 31.04(1), 47.01, 48.01, and 76.03(1), Holterman v. Fish, 2017 ONCA 769, Angelopoulos v. Angelopoulos (1986), 55 O.R. (2d) 101, Toronto (City) v. Abasi, 1990 CarswellOnt 2289, Glasjam Investments Ltd. v. Freeman, 2......
  • Court Of Appeal Summaries (October 25-29, 2021)
    • Canada
    • Mondaq Canada
    • 3 Novembre 2021
    ...Procedure, Rule 1.04, 23.01(1), 24.01, 25.05, 26.02(a), 29.08(1), 29.1.03(2), 31.04(1), 47.01, 48.01, and 76.03(1), Holterman v. Fish, 2017 ONCA 769, Angelopoulos v. Angelopoulos (1986), 55 O.R. (2d) 101, Toronto (City) v. Abasi, 1990 CarswellOnt 2289, Glasjam Investments Ltd. v. Freeman, 2......
  • Top 5 Civil Appeals From The Court Of Appeal - November 2017
    • Canada
    • Mondaq Canada
    • 28 Novembre 2017
    ...v. Fish, 2017 ONCA 769 (Feldman, Cronk and Miller JJ.A.), October 5, 2017 Reeb v. The Guarantee Company of North America, 2017 ONCA 771 (Sharpe, Lauwers and Roberts JJ.A.), October 5, 2017 North v. Metaswitch Networks Corporation, 2017 ONCA 790 (Feldman, Sharpe and Roberts JJ.A.), Octob......
  • Ontario Court Of Appeal Summaries (October 2 – October 6, 2017)
    • Canada
    • Mondaq Canada
    • 16 Ottobre 2017
    ...The jury's answer to this question was clearly "no" and it rejected the appellant's causation theory on the evidence. Holterman v. Fish, 2017 ONCA 769 [Feldman, Cronk and Miller F M Holterman and T. S. Tiffin, acting in person H A Daley and S. Bieber, for the respondents Keywords: Torts, Mi......