Isaac Estate v. Matuszynska, 2018 ONCA 177

JurisdictionOntario
JudgePepall, Lauwers and Huscroft JJ.A.
Citation2018 ONCA 177
Date23 February 2018
CourtCourt of Appeal (Ontario)
Docket NumberDOCKET: C62869
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10 practice notes
  • Table of cases
    • Canada
    • Irwin Books The Law of Torts. Sixth Edition
    • June 25, 2020
    ...Intel Corp v Hamidi, 71 P3d 296 (Ca Sup Ct 2003) ...................................326, 327 Isaac Estate v Matuszynska, 2018 ONCA 177, [2018] OJ No 975, 23 MVR (7th) 173, leave to appeal to SCC dismissed, [2018] SCCA No 122, 2018 CanLII 105395 ....................................................
  • Court Of Appeal Summaries (January 16 ' 20, 2023)
    • Canada
    • Mondaq Canada
    • January 24, 2023
    ...v. Thomas, 2004 CarswellOnt 370(S.C.), J.K. v. Ontario, 2017 ONCA 902, Clements v. Clements, 2012 SCC 32, em>Isaac Estate v. Matuszynska, 2018 ONCA 177, Report on Contribution Among Wrongdoers and Contributory Negligence (Toronto: Ontario Law Reform Commission, 1988), Erika Chamberlain & St......
  • Scala v. Toronto Police Services Board, 2019 ONSC 4359
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 18, 2019
    ...ought not to pay costs: Winters v. Haldimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1 at para. 22; Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173 at para. 42. However, courts have apportioned costs to unsuccessful derivative plaintiffs, proportionate to the value of thei......
  • The Fast & The Furious: Hard Drugs, Fast Cars & Untimely Death
    • Canada
    • Mondaq Canada
    • March 5, 2018
    ...confirming that it certainly is worthwhile to raise, in appropriate circumstances. Read the full Court of Appeal decision. Footnotes 2018 ONCA 177. 2018 ONCA 177 at The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought a......
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5 cases
  • Scala v. Toronto Police Services Board, 2019 ONSC 4359
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 18, 2019
    ...ought not to pay costs: Winters v. Haldimand (County), 2015 ONCA 98, 33 M.P.L.R. (5th) 1 at para. 22; Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173 at para. 42. However, courts have apportioned costs to unsuccessful derivative plaintiffs, proportionate to the value of thei......
  • Moran v. Fabrizi,
    • Canada
    • Court of Appeal (Ontario)
    • January 16, 2023
    ...4th ed (Toronto: Carswell, 2022), at p. 589. The doctrine was considered in this Court’s decision in Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173, particularly at paras. 27-28, although there it is referred to as the “doctrine of emergency”. The motio......
  • Brown v. Her Majesty the Queen, 2018 ONSC 3411
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 31, 2018
    ...of emergency was addressed by both Justice Huscroft for the majority and Justice Pepall in dissent in Isaac Estate v. Matuszynska, 2018 ONCA 177. Huscroft J.A. at paras. 27, 28, and 38 27 The emergency doctrine allows exigent circumstances to be taken into account in determining whether the......
  • 2023 ONCA 21,
    • Canada
    • January 1, 2023
    ...4th ed (Toronto: Carswell, 2022), at p. 589. The doctrine was considered in this Court's decision in Isaac Estate v. Matuszynska, 2018 ONCA 177, 23 M.V.R. (7th) 173, particularly at paras. 27-28, although there it is referred to as the “doctrine of emergency”. The motion ......
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4 firm's commentaries
  • Court Of Appeal Summaries (January 16 ' 20, 2023)
    • Canada
    • Mondaq Canada
    • January 24, 2023
    ...v. Thomas, 2004 CarswellOnt 370(S.C.), J.K. v. Ontario, 2017 ONCA 902, Clements v. Clements, 2012 SCC 32, em>Isaac Estate v. Matuszynska, 2018 ONCA 177, Report on Contribution Among Wrongdoers and Contributory Negligence (Toronto: Ontario Law Reform Commission, 1988), Erika Chamberlain & St......
  • The Fast & The Furious: Hard Drugs, Fast Cars & Untimely Death
    • Canada
    • Mondaq Canada
    • March 5, 2018
    ...confirming that it certainly is worthwhile to raise, in appropriate circumstances. Read the full Court of Appeal decision. Footnotes 2018 ONCA 177. 2018 ONCA 177 at The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought a......
  • Can A Driver's Road Rage Be Found To Cause An Accident, Even If The Driver Wasn't Directly Involved?
    • Canada
    • Mondaq Canada
    • February 21, 2023
    ...2600 at para 57. 2. Moran v Fabrizi, 2023 ONCA 21 at para 28. 3. Moran v Fabrizi, 2023 ONCA 21 at para 9. 4. Isaac Estate v Matuszynska, 2018 ONCA 177 at paras Read the original article on GowlingWLG.com The content of this article is intended to provide a general guide to the subject matte......
  • Pumping The Brakes On Summary Judgement
    • Canada
    • Mondaq Canada
    • December 21, 2018
    ...characterization of the approach to summary judgment is that of Justice Pepall in her dissenting judgment in Isaac Estate v. Matuszynska, 2018 ONCA 177: Hryniak ushered in a new approach to summary judgment. This was at least in part a response to the need to provide for greater access to j......
1 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books The Law of Torts. Sixth Edition
    • June 25, 2020
    ...Intel Corp v Hamidi, 71 P3d 296 (Ca Sup Ct 2003) ...................................326, 327 Isaac Estate v Matuszynska, 2018 ONCA 177, [2018] OJ No 975, 23 MVR (7th) 173, leave to appeal to SCC dismissed, [2018] SCCA No 122, 2018 CanLII 105395 ....................................................

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