Marshall v. Meirik, 2021 ONSC 1687
| Jurisdiction | Ontario |
| Judge | KIMMEL J. |
| Neutral Citation | 2021 ONSC 1687 |
| Date | 08 March 2021 |
| Citation | 2021 ONSC 1687 |
| Docket Number | CV-17-587517 |
| Court | Superior Court of Justice of Ontario (Canada) |
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8 practice notes
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Court Of Appeal Summaries (November 7, 2022 ' November 11, 2022)
...56 O.R. (3d) 417 (C.A.), 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd. (1978), 20 O.R. (2d) 401 (C.A.), Marshall v. Meirik, 2021 ONSC 1687, aff'd 2022 ONCA 275 Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769 Keywords: Real Property, Condominiums, Cont......
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The Rosseau Group Inc. v. 2528061 Ontario Inc.,
...of probabilities and without using hindsight. These requirements and what the Defendant must prove are as set out in Marshall v. Meirik, 2021 ONSC 1687, at para 44: [44] The plaintiffs rely on 100 Main Street and cases that have interpreted and applied it (including Malatinszky v. Mir......
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Rose-Terra Investments Inc. v. Butryn,
...para. 13. [13] 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd., (1978), 20 O.R. (2d) 401 (C.A.), at para. 81; Marshall v. Meirik, 2021 ONSC 1687, at paras. 28 to [14] Bang v. Sebastian, 2018 ONSC 6226, at para. 46; Zou v. Sanyal, 2019 ONSC 738, at paras. 45 and 51-56; Elliott v. Mon......
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Tabrizi v. Majesty Development Group Inc.,
...2017 ONCA 109, at paras. 2-3. See also Gamoff v. Hu, 2018 ONSC 2172, Marshall v. Meirik, 2021 ONSC 1687, Pomata Investment v. Yang, 2021 ONSC 6786, and 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd. (1978), 20 OR (2d) 401, 88 DLR (3d) 1 [100] In case of doub......
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5 cases
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The Rosseau Group Inc. v. 2528061 Ontario Inc., 2022 ONSC 486
...of probabilities and without using hindsight. These requirements and what the Defendant must prove are as set out in Marshall v. Meirik, 2021 ONSC 1687, at para 44: [44] The plaintiffs rely on 100 Main Street and cases that have interpreted and applied it (including Malatinszky v. Mir......
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Rose-Terra Investments Inc. v. Butryn, 2023 ONSC 2332
...para. 13. [13] 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd., (1978), 20 O.R. (2d) 401 (C.A.), at para. 81; Marshall v. Meirik, 2021 ONSC 1687, at paras. 28 to [14] Bang v. Sebastian, 2018 ONSC 6226, at para. 46; Zou v. Sanyal, 2019 ONSC 738, at paras. 45 and 51-56; Elliott v. Mon......
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Eyelet Investment Corporation v Song,
...Ltd. (1978), 20 O.R. (2d) 401 (C.A.), at para. 55. In such circumstances, there will be no need for expert evidence: Marshall v. Meirik, 2021 ONSC 1687, at para. 30, aff'd 2022 ONCA 275. 73 The Court of Appeal has also been clear about the issue of mitigation in a real estate context. In Tr......
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Tabrizi v. Majesty Development Group Inc., 2022 ONSC 1933
...2017 ONCA 109, at paras. 2-3. See also Gamoff v. Hu, 2018 ONSC 2172, Marshall v. Meirik, 2021 ONSC 1687, Pomata Investment v. Yang, 2021 ONSC 6786, and 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd. (1978), 20 OR (2d) 401, 88 DLR (3d) 1 [100] In case of doub......
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4 firm's commentaries
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Court Of Appeal Summaries (November 7, 2022 ' November 11, 2022)
...56 O.R. (3d) 417 (C.A.), 100 Main Street Ltd. v. W.B. Sullivan Construction Ltd. (1978), 20 O.R. (2d) 401 (C.A.), Marshall v. Meirik, 2021 ONSC 1687, aff'd 2022 ONCA 275 Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769 Keywords: Real Property, Condominiums, Cont......
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Buyers' Liability To Sellers In Aborted Real Estate Closings
...they have raised genuine issues regarding the real estate market and price at which the property could be sold for: Marshall v. Meirik, 2021 ONSC 1687 (CanLII). In another case, the buyer successfully argued for the purposes of defeating summary judgment that an alleged misdescription as to......
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Buyers' Liability To Sellers In Aborted Real Estate Closings - Part 1
...they have raised genuine issues regarding the real estate market and price at which the property could be sold for: Marshall v. Meirik, 2021 ONSC 1687 (CanLII). In another case, the buyer successfully argued for the purposes of defeating summary judgment that an alleged misdescription as to......
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Buyer Fails To Prove Property Re-Sold For Improvident Price Following Aborted Transaction (Switzer v. Petrie)
...CanLII 8623 (ON CA), at paragraph 41. In such circumstances, there will generally be no need for expert evidence: Marshall v. Meirik, 2021 ONSC 1687, at paragraph 30, aff'd 2022 ONCA The defendants referred to some of the facts surrounding the sale in order to argue that there were issues a......