Ismail v. Fleming

JurisdictionOntario
JudgeJustice I.F. Leach
Citation2018 ONSC 5979
Date09 October 2018
CourtSuperior Court of Justice of Ontario (Canada)
Docket Number4522/11

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
5 practice notes
  • Court Of Appeal Summaries (April 20 ' 24, 2020)
    • Canada
    • Mondaq Canada
    • May 4, 2020
    ...(C.A.), Farrugia v. Ahmadi, 2019 ONSC 4261, Peloso v. 778561 Ontario Inc. (2005), 28 C.C.L.I. (4th) 10 (Ont. S.C.), Ismail v. Flemming, 2018 ONSC 5979, Kitchenham v. AXA Insurance, 23 C.C.L.I. (4th) 76 (Ont. S.C.), rev'd on other grounds, 229 O.A.C. 249 (Div Ct.), rev'd on other grounds, 20......
  • Girao v. Cunningham,
    • Canada
    • Court of Appeal (Ontario)
    • April 21, 2020
    ...to pay through the tort award. This avenue has been rejected by trial judges on the basis of relevance, as in Ismail v. Flemming, 2018 ONSC 5979, or on the basis that it was excessively prejudicial to the plaintiff, as in Farrugia, which I consider in the next [100] In Ismail the trial judg......
  • Ismail v. Fleming,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 5, 2018
    ...5978, (providing reasons for dismissing the defendants’ objection concerning the sequence of plaintiff witnesses); Ismail v. Fleming, 2018 ONSC 5979, (providing reasons for sustaining the plaintiff’s objection concerning relevance of collateral benefits to the plaintiff’s work motivation); ......
  • Farrugia v. Ahmadi et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 12, 2019
    ...plaintiff. I propose to review those decisions to extract guiding principles to decide the question before me. [20] In Ismail v. Flemming 2018 ONSC 5979, Justice I.F. Leach sustained an objection made by the plaintiff to any question counsel for the defence may ask as to “any suggestion, su......
  • Get Started for Free
4 cases
  • Girao v. Cunningham,
    • Canada
    • Court of Appeal (Ontario)
    • April 21, 2020
    ...to pay through the tort award. This avenue has been rejected by trial judges on the basis of relevance, as in Ismail v. Flemming, 2018 ONSC 5979, or on the basis that it was excessively prejudicial to the plaintiff, as in Farrugia, which I consider in the next [100] In Ismail the trial judg......
  • Ismail v. Fleming,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 5, 2018
    ...5978, (providing reasons for dismissing the defendants’ objection concerning the sequence of plaintiff witnesses); Ismail v. Fleming, 2018 ONSC 5979, (providing reasons for sustaining the plaintiff’s objection concerning relevance of collateral benefits to the plaintiff’s work motivation); ......
  • Farrugia v. Ahmadi et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 12, 2019
    ...plaintiff. I propose to review those decisions to extract guiding principles to decide the question before me. [20] In Ismail v. Flemming 2018 ONSC 5979, Justice I.F. Leach sustained an objection made by the plaintiff to any question counsel for the defence may ask as to “any suggestion, su......
  • Hartlein v. Casselman,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 6, 2021
    ...reduced the damages awarded to the plaintiff by 30% on account of her failure to mitigate.  However, in Ismail v. Fleming, 2018 ONSC 5979, the defence was not permitted to ask questions relating to collateral benefits with the purpose of suggesting that the plaintiff was not really dis......
1 firm's commentaries
  • Court Of Appeal Summaries (April 20 ' 24, 2020)
    • Canada
    • Mondaq Canada
    • May 4, 2020
    ...(C.A.), Farrugia v. Ahmadi, 2019 ONSC 4261, Peloso v. 778561 Ontario Inc. (2005), 28 C.C.L.I. (4th) 10 (Ont. S.C.), Ismail v. Flemming, 2018 ONSC 5979, Kitchenham v. AXA Insurance, 23 C.C.L.I. (4th) 76 (Ont. S.C.), rev'd on other grounds, 229 O.A.C. 249 (Div Ct.), rev'd on other grounds, 20......