Kostruba and Sons Inc. v. Pervez
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Gray, J. |
| Citation | [2011] O.T.C. Uned. 4894,[2011] O.T.C. Uned. 4894 (SC),2011 ONSC 4894 |
| Date | 17 August 2011 |
| Subject Matter | PRACTICE |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock 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
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
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
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
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
Start Your 7-day Trial
9 practice notes
-
Court Of Appeal Summaries (August 7 ' 11, 2023)
...and Casualty Co., 2017 ONCA 42, Szelazek Investments Ltd. v. Orzech (1996), 44 C.P.C. (3d) 102 (Ont. C.A.), Kostruba and Sons v. Pervez, 2011 ONSC 4894, Andersen Consulting Ltd. v. Canada (Attorney General) (2001), 13 C.P.C. (5th) 251 (Ont. C.A.), Falk Bros. Industries Ltd. v. Elance Steel ......
-
Shwaluk v HSBC Bank of Canada
...the opposite party will not be prejudiced, rather than the reverse as is the case under rule 26.01”: Kostruba and Sons v. Pervez, 2011 ONSC 4894, 38 C.P.C. (7th) 100, at para. 39 The motion judge applied the test for withdrawal of an admission and did so erroneously since no withdraw......
-
Ramoutar v. Ramoutar
...on the moving party to show that the opposite party will not be prejudiced by the withdrawal of an admission: Kostruba and Sons v. Perez, 2011 ONSC 4894 at para. [33] Generally, “the expiry of a limitation period can give rise to some presumptive prejudice, the strength of which increases w......
-
BMW Financial Services Canada v. Liu
...law fall somewhere between the two. [33]        As Gray J. held in Kostruba & Sons Inc. v. Pervez, 2011 ONSC 4894, at para. There can be little dispute that an admission contained in a pleading is of a different order than other allegations in a pleadi......
Get Started for Free
7 cases
-
Shwaluk v. HSBC Bank of Canada
...that the opposite party will not be prejudiced, rather than the reverse as is the case under rule 26.01”: Kostruba and Sons v. Pervez, 2011 ONSC 4894, 38 C.P.C. (7th) 100, at para. [39] The motion judge applied the test for withdrawal of an admission and did so erroneously since no withdraw......
-
Ramoutar v. Ramoutar
...on the moving party to show that the opposite party will not be prejudiced by the withdrawal of an admission: Kostruba and Sons v. Perez, 2011 ONSC 4894 at para. [33] Generally, “the expiry of a limitation period can give rise to some presumptive prejudice, the strength of which increases w......
-
BMW Financial Services Canada v. Liu
...law fall somewhere between the two. [33]        As Gray J. held in Kostruba & Sons Inc. v. Pervez, 2011 ONSC 4894, at para. There can be little dispute that an admission contained in a pleading is of a different order than other allegations in a pleadi......
-
Wessuc Inc. v. Todd Brothers Contracting Limited et al
...cannot be compensated for in costs. [26] Counsel has also provided me with the helpful authorities of Kostruba & Sons Inc v. Perez, 2011 ONSC 4894, 38 C.P.C. (7th) 100; Philmor Deva (Richmond Hill) Ltd v. Steinberg (1986), 9 C.P.C. (2d) 20 (Ont. H.C.); Belsat Video Marketing Inc. v. Zel......
Get Started for Free
1 firm's commentaries
-
Court Of Appeal Summaries (August 7 ' 11, 2023)
...and Casualty Co., 2017 ONCA 42, Szelazek Investments Ltd. v. Orzech (1996), 44 C.P.C. (3d) 102 (Ont. C.A.), Kostruba and Sons v. Pervez, 2011 ONSC 4894, Andersen Consulting Ltd. v. Canada (Attorney General) (2001), 13 C.P.C. (5th) 251 (Ont. C.A.), Falk Bros. Industries Ltd. v. Elance Steel ......