Kostruba and Sons Inc. v. Pervez, [2011] O.T.C. Uned. 4894
| Jurisdiction | Ontario |
| Judge | Gray, J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | PRACTICE |
| Date | 17 August 2011 |
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8 practice notes
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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 ......
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2023 ONCA 538,
...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......
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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......
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Ramoutar v. Ramoutar, 2019 ONSC 2448
...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......
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7 cases
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2023 ONCA 538,
...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......
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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......
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Ramoutar v. Ramoutar, 2019 ONSC 2448
...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......
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Molinari v. Aloe, 2018 ONSC 5953
...provided with no other jurisprudence on the test other than a 2011 case which adopts and explains it (Kostruba&Sons Inc. v. Pervez, 2011 ONSC 4894). To withdraw and admission the party must pass three tests: i) that the proposed amendment raises at triable issue; ii) that the admission ......
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1 firm's commentaries
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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 ......