Letestu Estate v. Ritlyn Investments Limited

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeLaForme, van Rensburg and Huscroft JJ.A.
Citation2017 ONCA 442
Docket NumberC62806
Date01 June 2017

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8 practice notes
  • Ontario Court Of Appeal Summaries (May 29 – June 2, 2017)
    • Canada
    • Mondaq Canada
    • June 16, 2017
    ...490 applications (return of items seized by the police). Have a great weekend. CIVIL DECISIONS Letestu Estate v. Ritlyn Investments Ltd., 2017 ONCA 442 [LaForme, van Rensburg and Huscroft JJ.A.] Counsel: B.A. Percival Q.C., D. Zacks and J.P. McCoy, for the appellant K.J. Raddatz and K.C. Di......
  • Fiset v Gowan Property Management Inc. et Al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 28, 2025
    ...$35,000.00, he had to bring the claim in Superior Court. He cited a Court of Appeal case, Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442, which appeared to back up his argument. There was also an earlier decision that he did not cite, Kaiman v. Graham, 2009 ONCA 77, with commen......
  • An Apt Decision: Ontario Court Of Appeal Overturns Limitation Period Ruling
    • Canada
    • Mondaq Canada
    • August 7, 2017
    ...Limitations Act, 2002 applied. The tenant's claim could proceed. Footnotes [1] S.O. 2006, c. 17 [2] 2016 ONSC 6540 (CanLII); overturned 2017 ONCA 442 [3] Section 8 of the Occupiers' Liability Act, R.S.O. 1990, c. O.2 contains provisions applicable to landlords. [4] Section 20(1) of the Resi......
  • Gordon et al. v. 837690 Ontario and Tyco et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 14, 2022
    ...in their affidavits.      [24]     In my view, Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442 is determinative of the jurisdiction issue.  Letestu was not a class proceeding but involved an elderly plaintiff who allegedly slipped and fell......
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5 cases
  • Fiset v Gowan Property Management Inc. et Al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 28, 2025
    ...$35,000.00, he had to bring the claim in Superior Court. He cited a Court of Appeal case, Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442, which appeared to back up his argument. There was also an earlier decision that he did not cite, Kaiman v. Graham, 2009 ONCA 77, with commen......
  • Gordon et al. v. 837690 Ontario and Tyco et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 14, 2022
    ...in their affidavits.      [24]     In my view, Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442 is determinative of the jurisdiction issue.  Letestu was not a class proceeding but involved an elderly plaintiff who allegedly slipped and fell......
  • Torres v. Export Packers
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 1, 2018
    ...application.[19]              The Defence points to Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442 where the Court of Appeal held that, in an action (as opposed to a proceeding before the Landlord and Tenant Tribunal) the limitation in a ......
  • Taglienti v. Liddar
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 5, 2018
    ...some doubt about the jurisdiction of the Board to apply the Occupiers’ Liability Act (see Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442 at para. 12) which is pleaded in the Statement of Claim; that matter should be resolved on a full evidentiary record at a trial, not on this ......
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3 firm's commentaries
  • Ontario Court Of Appeal Summaries (May 29 – June 2, 2017)
    • Canada
    • Mondaq Canada
    • June 16, 2017
    ...490 applications (return of items seized by the police). Have a great weekend. CIVIL DECISIONS Letestu Estate v. Ritlyn Investments Ltd., 2017 ONCA 442 [LaForme, van Rensburg and Huscroft JJ.A.] Counsel: B.A. Percival Q.C., D. Zacks and J.P. McCoy, for the appellant K.J. Raddatz and K.C. Di......
  • An Apt Decision: Ontario Court Of Appeal Overturns Limitation Period Ruling
    • Canada
    • Mondaq Canada
    • August 7, 2017
    ...Limitations Act, 2002 applied. The tenant's claim could proceed. Footnotes [1] S.O. 2006, c. 17 [2] 2016 ONSC 6540 (CanLII); overturned 2017 ONCA 442 [3] Section 8 of the Occupiers' Liability Act, R.S.O. 1990, c. O.2 contains provisions applicable to landlords. [4] Section 20(1) of the Resi......
  • Can A Real Estate Agent Be Liable For A Tenant's Damages? (Carola V. VIP Reality Inc.)
    • Canada
    • Mondaq Canada
    • February 7, 2025
    ...and she was therefore entitled to commence her proceeding in the Superior Court: Letestu Estate v. Ritlyn Investments Limited, 2017 ONCA 442 (CanLII) at paragraph The defendants further argued that the statement of claim failed to adequately plead a cause of action in negligence against the......