Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666

JurisdictionOntario
Judgevan Rensburg, Brown and Miller JJ.A.
Citation2018 ONCA 666
Date26 July 2018
CourtCourt of Appeal (Ontario)
Docket NumberC64240
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4 practice notes
  • Ontario Court Of Appeal Summaries (July 23 – July 27, 2018)
    • Canada
    • Mondaq Canada
    • August 9, 2018
    ...v. Blue Mountain Resorts Limited, 2018 ONCA 668 Keywords: Civil Procedure, Orders Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666 Keywords: Contracts, Real Property, Commercial Leases, Guarantees, Indemnities, Enforceability, Misrepresentation, Contractual Interpretatio......
  • Yorkville East Developments Inc. v. York Condominium Corporation No. 194, 2021 ONSC 5678
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 23, 2021
    ...of the proceeding on its merits: see Maurice v. Alles, 2016 ONCA 287 at para. 32 and Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666 at para. [43]        YCC 194’s evidence on this motion was vague and general and failed to establ......
  • FCP (BOPC) Ltd. v. Callian Capital Partners Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 16, 2023
    ...The Court of Appeal confirmed this approach in Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666, which involved an indemnity agreement in the same terms as the First Indemnity and Second Indemnity signed by Callian and Cereico, respectively. The Second Indemnity, for examp......
  • Waterloo v MXM,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 26, 2024
    ...obligations by way of applications under Rule 14.05(3)(d). The Applicant cites Parc Downsview Park v. Penguin Properties Inc., 2018 ONCA 666, which concerned an application to enforce an indemnity under a commercial lease. Penguin Properties Inc. submitted that it was unfair to decide the d......
3 cases
  • Yorkville East Developments Inc. v. York Condominium Corporation No. 194, 2021 ONSC 5678
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 23, 2021
    ...of the proceeding on its merits: see Maurice v. Alles, 2016 ONCA 287 at para. 32 and Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666 at para. [43]        YCC 194’s evidence on this motion was vague and general and failed to establ......
  • FCP (BOPC) Ltd. v. Callian Capital Partners Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 16, 2023
    ...The Court of Appeal confirmed this approach in Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666, which involved an indemnity agreement in the same terms as the First Indemnity and Second Indemnity signed by Callian and Cereico, respectively. The Second Indemnity, for examp......
  • Waterloo v MXM,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 26, 2024
    ...obligations by way of applications under Rule 14.05(3)(d). The Applicant cites Parc Downsview Park v. Penguin Properties Inc., 2018 ONCA 666, which concerned an application to enforce an indemnity under a commercial lease. Penguin Properties Inc. submitted that it was unfair to decide the d......
1 firm's commentaries
  • Ontario Court Of Appeal Summaries (July 23 – July 27, 2018)
    • Canada
    • Mondaq Canada
    • August 9, 2018
    ...v. Blue Mountain Resorts Limited, 2018 ONCA 668 Keywords: Civil Procedure, Orders Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666 Keywords: Contracts, Real Property, Commercial Leases, Guarantees, Indemnities, Enforceability, Misrepresentation, Contractual Interpretatio......

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