Kyle v. Atwill, 2020 ONCA 476
| Jurisdiction | Ontario |
| Judge | Feldman, Brown and Zarnett JJ.A. |
| Citation | 2020 ONCA 476 |
| Date | 23 July 2020 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C67203 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
12 practice notes
-
Court Of Appeal Summaries (July 4 ' 8, 2022)
...2012 ONCA 156, Bonilla v Preszler, 2016 ONCA 759, Beccarea v Canadian National Railway Company, 2018 ONSC 630, Kyle v Atwill, 2020 ONCA 476, Alguire v The Manufacturers Life Insurance Company (Manulife Financial), 2018 ONCA 202 Short Civil Decisions Salehi v. Association of Professional Eng......
-
Matrimonial Property Rights
...RSO 1990, c F.3. As to the applicable limitation period respecting an application to set aside a domestic contract, see Kyle v Atwill, 2020 ONCA 476, leave to appeal to SCC 2021 CanLII 20327 (SCC). Compare Bakhsh v Merdad, 2022 ONCA 130, citing McConnell 753 754 Canadian family law The cour......
-
Canadian Pacific Railway Company v. Canada,
...the Parties’ rights, I need not consider the application of limitation periods to the declarations sought (see Kyle v Atwill, 2020 ONCA 476 at paras 47-53; Fehr v Sun Life Assurance Company of Canada, 2018 ONCA 718 at paras 105-106, 207). (c) Conclusion on the Kingstreet [390] Where ......
-
THE LIMITS OF THE DECLARATORY JUDGMENT.
...at paras 35-37, aff d 2008 ABCA 270. (46) Sarna, Declaratory Judgments, 4th ed, supra note 4 at 54, cited positively in Kyle v Atwill, 2020 ONCA 476 at para (47) See Green v Canada (Attorney General), 2011 ONSC 4778 at para 36, quoting Lazar Sarna, The Law of Declaratory Judgments, 1st ed (......
Request a trial to view additional results
8 cases
-
Canadian Pacific Railway Company v. Canada,
...the Parties’ rights, I need not consider the application of limitation periods to the declarations sought (see Kyle v Atwill, 2020 ONCA 476 at paras 47-53; Fehr v Sun Life Assurance Company of Canada, 2018 ONCA 718 at paras 105-106, 207). (c) Conclusion on the Kingstreet [390] Where ......
-
Bacanora Minerals Ltd v Orr-Ewing (Estate),
...the remedy was arguably reviewed for reasonableness. [24] Kyle v Atwill, 2020 ONCA 476, leave to appeal to SCC refused, 39422 (18 March 2021), is another decision involving the characterization of a remedy as declaratory; however, ......
-
Bacanora Minerals Ltd v Orr-Ewing (Estate),
...but the application of that test to the facts in characterizing the remedy was arguably reviewed for reasonableness. 24 Kyle v Atwill, 2020 ONCA 476, leave to appeal to SCC refused, 39422 (18 March 2021), is another decision involving the characterization of a remedy as declaratory; however......
-
2023 ABCA 139,
...but the application of that test to the facts in characterizing the remedy was arguably reviewed for reasonableness. 24 Kyle v Atwill, 2020 ONCA 476, leave to appeal to SCC refused, 39422 (18 March 2021), is another decision involving the characterization of a remedy as declaratory; however......
Request a trial to view additional results
2 firm's commentaries
-
Court Of Appeal Summaries (July 4 ' 8, 2022)
...2012 ONCA 156, Bonilla v Preszler, 2016 ONCA 759, Beccarea v Canadian National Railway Company, 2018 ONSC 630, Kyle v Atwill, 2020 ONCA 476, Alguire v The Manufacturers Life Insurance Company (Manulife Financial), 2018 ONCA 202 Short Civil Decisions Salehi v. Association of Professional Eng......
-
Court Of Appeal Summaries (July 20 To 24, 2020)
...been done with the permission of the owner of the beach lot not as a right flowing from the grant of the right-of-way. Kyle v. Atwill , 2020 ONCA 476 [Feldman, Brown and Zarnett Aaron Franks and Rhea Kamin, for the appellant Carolyn Shelley and Silvia Cioci, for the respondent Keywords: Fam......
2 books & journal articles
-
Matrimonial Property Rights
...RSO 1990, c F.3. As to the applicable limitation period respecting an application to set aside a domestic contract, see Kyle v Atwill, 2020 ONCA 476, leave to appeal to SCC 2021 CanLII 20327 (SCC). Compare Bakhsh v Merdad, 2022 ONCA 130, citing McConnell 753 754 Canadian family law The cour......
-
THE LIMITS OF THE DECLARATORY JUDGMENT.
...at paras 35-37, aff d 2008 ABCA 270. (46) Sarna, Declaratory Judgments, 4th ed, supra note 4 at 54, cited positively in Kyle v Atwill, 2020 ONCA 476 at para (47) See Green v Canada (Attorney General), 2011 ONSC 4778 at para 36, quoting Lazar Sarna, The Law of Declaratory Judgments, 1st ed (......