Nasr Hospitality Services Inc. v. Intact Insurance

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgePERELL
Citation2017 ONSC 4136
Docket NumberCV-15-526592
Date05 July 2017

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7 practice notes
  • Nasr Hospitality Services Inc. v. Intact Insurance
    • Canada
    • Court of Appeal (Ontario)
    • 4 Septiembre 2018
    ...2018 On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated July 5, 2017, with reasons reported at 2017 ONSC 4136. Brown I. OVERVIEW [1] At issue on this appeal is the application of the “appropriate means” element of the discoverability test under s. 5(1......
  • Marvelous Mario’s Inc. et al. v. St. Paul Fire and Marine Insurance Co.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 6 Abril 2018
    ...the knowledge, of the existence of the facts that support a claim for relief: Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4136, at paras. 20-22. [55] In this case, the plaintiffs either knew or had the means of acquiring the knowledge that they may have a claim under the p......
  • Ontario Court Provides 'Appropriate' Relief Against Statutory Limitation For Insurance Claims
    • Canada
    • Mondaq Canada
    • 18 Julio 2017
    ...their counsel should not risk allowing a ripe claim to die on the vine. Footnotes 1 Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4136 2 Nasr, at para. 21. This requirement is set out at ss. 5(1)(a) (i) to (iii), and 5(b) in the Limitations Act, 2002. 3 Markel Insurance Co o......
  • Defence + Indemnity: April 2018 - IV. Practice Issues A.
    • Canada
    • JD Supra Canada
    • 31 Mayo 2018
    ...insurer denied the claim under the insurance policy, sometime after the date of loss. Nasr Hospitality Services Inc. v Intact Insurance, 2017 ONSC 4136 (CanLII) I. FACTS AND ISSUES Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reporte......
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3 cases
  • Nasr Hospitality Services Inc. v. Intact Insurance
    • Canada
    • Court of Appeal (Ontario)
    • 4 Septiembre 2018
    ...2018 On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated July 5, 2017, with reasons reported at 2017 ONSC 4136. Brown I. OVERVIEW [1] At issue on this appeal is the application of the “appropriate means” element of the discoverability test under s. 5(1......
  • Marvelous Mario’s Inc. et al. v. St. Paul Fire and Marine Insurance Co.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 6 Abril 2018
    ...the knowledge, of the existence of the facts that support a claim for relief: Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4136, at paras. 20-22. [55] In this case, the plaintiffs either knew or had the means of acquiring the knowledge that they may have a claim under the p......
  • Hategan v. Farber
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 3 Febrero 2021
    ...71, 72. [79] see for example, paras. 56 to 85 of the fresh as amended statement of claim. [80] Nasr Hospitality v. Intact Insurance, 2017 ONSC 4136 at paras. 32-35. [81] affidavit of E. Hategan, sworn 20 August 2019 at para 156, at Tab 1 of Ms. Hategan’s original motion record. [82] Grant v......
4 firm's commentaries
  • Ontario Court Provides 'Appropriate' Relief Against Statutory Limitation For Insurance Claims
    • Canada
    • Mondaq Canada
    • 18 Julio 2017
    ...their counsel should not risk allowing a ripe claim to die on the vine. Footnotes 1 Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4136 2 Nasr, at para. 21. This requirement is set out at ss. 5(1)(a) (i) to (iii), and 5(b) in the Limitations Act, 2002. 3 Markel Insurance Co o......
  • Defence + Indemnity: April 2018 - IV. Practice Issues A.
    • Canada
    • JD Supra Canada
    • 31 Mayo 2018
    ...insurer denied the claim under the insurance policy, sometime after the date of loss. Nasr Hospitality Services Inc. v Intact Insurance, 2017 ONSC 4136 (CanLII) I. FACTS AND ISSUES Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reporte......
  • Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
    • Canada
    • Mondaq Canada
    • 17 Mayo 2018
    ...insurer denied the claim under the insurance policy, sometime after the date of loss. Nasr Hospitality Services Inc. v Intact Insurance, 2017 ONSC 4136 FACTS AND ISSUES Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the ins......
  • A Refresher On Discoverability Principles
    • Canada
    • Mondaq Canada
    • 8 Febrero 2019
    ...2017 ONSC 5847. [xvii] 2018 ONCA 331. [xviii] 2017 ONCA 962. [xix] 2011 ONCA 16. [xx] Ibid. at para. 32. [xxi] 2018 ONCA 725. [xxii] 2017 ONSC 4136. [xxiii] Nasr, supra note 21 at para. The content of this article is intended to provide a general guide to the subject matter. Specialist advi......