Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171
| Jurisdiction | Ontario |
| Judge | Doherty, Paciocco and Nordheimer JJ.A. |
| Citation | 2018 ONCA 171 |
| Date | 21 February 2018 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C64200 |
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16 practice notes
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Court Of Appeal Summaries (March 29 ' April 2, 2021)
...Tehnologies Inc., 2015 ONCA 465, H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256, Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, leave to appeal refused, [2018] S.C.C.A. No. 128, Re McKee (1997), 47 C.B.R. (3d) 70 (Alta. Bankruptcy Registrar), Re Mariyanayagam (1998), ......
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Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Rules 59.06(2) & 25.06(8), Simone v. Daley (1999), 43 O.R. (3d) 511 (C.A.), Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256, Cruise Connections Canada v. Szeto, 2015 BCCA 363, Royal Bank of Canada v. Korman, 2010 ONCA 63, ......
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Water Matrix Inc. v. Carnevale, 2018 ONSC 6436
...Court of Appeal referred to these British Columbia appellate court decisions in Lawyers’ Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, 139 O.R. (3d) 641, which considered the analysis pertinent to an analogous area: the determination of when a default judgment falls within the......
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Poonian (Re),
...178, the Court is to consider the pleadings and the evidentiary proceedings at trial: Lawyers’ Professional Indemnity Co. v. Rodriguez, 2018 ONCA 171, 139 O.R. (3d) 641, at paras. d. The onus is on the creditor who seeks to have the debt or liability survive the discharge to bring it within......
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12 cases
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Water Matrix Inc. v. Carnevale, 2018 ONSC 6436
...Court of Appeal referred to these British Columbia appellate court decisions in Lawyers’ Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, 139 O.R. (3d) 641, which considered the analysis pertinent to an analogous area: the determination of when a default judgment falls within the......
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Poonian (Re),
...178, the Court is to consider the pleadings and the evidentiary proceedings at trial: Lawyers’ Professional Indemnity Co. v. Rodriguez, 2018 ONCA 171, 139 O.R. (3d) 641, at paras. d. The onus is on the creditor who seeks to have the debt or liability survive the discharge to bring it within......
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Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc.,
...(3d) 81; H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256, 25 C.B.R. (6th) 221; and Lawyers’ Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, 139 O.R. (3d) 641, leave to appeal refused, [2018] S.C.C.A. No. [16] The determination of whether a debt survives bankruptcy can also be ma......
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Johansen v Wallgren et al, 2019 ABQB 695
...the pleadings and proceedings that were before the court granting the original judgment (Lawyers’ Professional Indemnity Co. v Rodriguez, 2018 ONCA 171, at paras [32] Both the Ontario Court of Appeal in Lawyers’ Professional and the British Columbia Court of Appeal in H. Y. Louie and in Cru......
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4 firm's commentaries
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Court Of Appeal Summaries (March 29 ' April 2, 2021)
...Tehnologies Inc., 2015 ONCA 465, H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256, Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, leave to appeal refused, [2018] S.C.C.A. No. 128, Re McKee (1997), 47 C.B.R. (3d) 70 (Alta. Bankruptcy Registrar), Re Mariyanayagam (1998), ......
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Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Rules 59.06(2) & 25.06(8), Simone v. Daley (1999), 43 O.R. (3d) 511 (C.A.), Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171, H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256, Cruise Connections Canada v. Szeto, 2015 BCCA 363, Royal Bank of Canada v. Korman, 2010 ONCA 63, ......
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Ignorance May Not Be Bliss, But It Can Be Beneficial: Evidence Of The Conduct Of A Judgment Creditor Can Be Used In Certain Circumstances To Engage Section 178(1)(D) Of The Bankruptcy And Insolvency Act
...First Action, in accordance with the Ontario Court of Appeal's recent decision in Lawyer's Professional Indemnity Company v. Rodriguez, 2018 ONCA 171 ("Rodriguez"). While the Bank agreed that Rodriguez generally barred the use of outside evidence, when determining if a claim engaged section......
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Ontario Court Of Appeal Addresses Use Of Fresh Evidence In Obtaining A Declaration That Judgment Debt Survives Bankruptcy
...has been issued. Plant relied on a prior decision of the Court of Appeal in Lawyers' Professional Indemnity Company v. Rodriguez, 2018 ONCA 171 ("Rodriguez"), for the principle that an applicant seeking a s. 178 declaration cannot rely on previously unmade allegations against the judgment d......