Plate v. Atlas Copco Canada Inc., 2019 ONCA 196

JurisdictionOntario
JudgeHoy A.C.J.O., Feldman and Huscroft JJ.A.
Citation2019 ONCA 196
Docket NumberC65243
CourtCourt of Appeal (Ontario)
Date13 March 2019
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10 practice notes
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • 28 Marzo 2019
    ...384, Potter v. New Brunswick Legal Aid Services, 2015 SCC 10, Rules of Civil Procedure, Rule 49.10(2) Plate v. Atlas Copco Canada Inc., 2019 ONCA 196 Keywords: Torts, Theft, Fraud, Conspiracy, Unjust Enrichment, Breach of Fiduciary Duty, Civil Procedure, Summary Judgment, Evidence, Admissib......
  • Thomas v Quinlan, 2020 SKCA 82
    • Canada
    • Court of Appeal (Saskatchewan)
    • 8 Julio 2020
    ...admissibility of a prior judgment in interlocutory proceedings, it has been applied more broadly: see Plate v Atlas Copco Canada Inc., 2019 ONCA 196 at para 54, 432 DLR (4th) 385 [Plate]. As the Supreme Court observed in Malik, “The admissibility of prior civil or criminal judgments in subs......
  • Round-Up Of The Ontario Court Of Appeal's Employment Decisions In 2019‎
    • Canada
    • Mondaq Canada
    • 24 Febrero 2020
    ...fact-specific determination. In making such a determination, it is unhelpful to focus on job titles. Plate v. Atlas Copco Canada Inc., 2019 ONCA 196 On the "tort" of harassment, ONCA says... Current Canadian legal authority does not support the recognition of the tort of harassment. There a......
  • C.C. v. J.B., 2020 ONSC 7610
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 10 Diciembre 2020
    ...of the father’s criminal trial. Based on the principles set out by the Ontario Court of Appeal in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196, 145 O.R. (3d) 1, I have concluded that significant weight ought to be given to many of Doody J.’s factual findings, and I have relied on them su......
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6 cases
  • Thomas v Quinlan, 2020 SKCA 82
    • Canada
    • Court of Appeal (Saskatchewan)
    • 8 Julio 2020
    ...admissibility of a prior judgment in interlocutory proceedings, it has been applied more broadly: see Plate v Atlas Copco Canada Inc., 2019 ONCA 196 at para 54, 432 DLR (4th) 385 [Plate]. As the Supreme Court observed in Malik, “The admissibility of prior civil or criminal judgments in subs......
  • C.C. v. J.B., 2020 ONSC 7610
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 10 Diciembre 2020
    ...of the father’s criminal trial. Based on the principles set out by the Ontario Court of Appeal in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196, 145 O.R. (3d) 1, I have concluded that significant weight ought to be given to many of Doody J.’s factual findings, and I have relied on them su......
  • Veolia ES Canada Industrial Services Inc. v. Collins Frazer Engineering Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 7 Septiembre 2022
    ...My analysis is therefore predicated on the weight I accord to the findings of the criminal trial judge: Plate v. Atlas Copco Canada Inc., 2019 ONCA 196, 145 O.R. (3d) 1. Those findings are to be assessed against my ultimate concern: whether or not “the court is satisfied that there i......
  • Al Masalkhi v. The Attorney General of Canada, 2019 ONSC 5963
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 17 Octubre 2019
    ...it is an abuse of process.  There may be sound reasons to find this an action on abuse of process (Plate v. Atlas Copco Canada Inc., 2019 ONCA 196, paras. 94-100).  However, considering my findings above, I need not consider abuse of process as a grounds for the relief [51] &......
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4 firm's commentaries
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • 28 Marzo 2019
    ...384, Potter v. New Brunswick Legal Aid Services, 2015 SCC 10, Rules of Civil Procedure, Rule 49.10(2) Plate v. Atlas Copco Canada Inc., 2019 ONCA 196 Keywords: Torts, Theft, Fraud, Conspiracy, Unjust Enrichment, Breach of Fiduciary Duty, Civil Procedure, Summary Judgment, Evidence, Admissib......
  • Round-Up Of The Ontario Court Of Appeal's Employment Decisions In 2019‎
    • Canada
    • Mondaq Canada
    • 24 Febrero 2020
    ...fact-specific determination. In making such a determination, it is unhelpful to focus on job titles. Plate v. Atlas Copco Canada Inc., 2019 ONCA 196 On the "tort" of harassment, ONCA says... Current Canadian legal authority does not support the recognition of the tort of harassment. There a......
  • Tangled Weeds: Fiduciary Status in a Criminal Fraud Not Determinative in Employment Litigation?
    • Canada
    • LexBlog Canada
    • 5 Abril 2019
    ...not. Briefly the facts in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196: an Executive in the role of Vice President Global Strategic Customers was terminated for just cause grounded in a decades-long defrauding of the company and its benefits provider in conspiracy with the latter’s consu......
  • Tangled Weeds: Fiduciary Status in a Criminal Fraud Not Determinative in Employment Litigation?
    • Canada
    • LexBlog Canada
    • 28 Marzo 2019
    ...not. Briefly the facts in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196: an Executive in the role of Vice President Global Strategic Customers was terminated for just cause grounded in a decades-long defrauding of the company and its benefits provider in conspiracy with the latter’s consu......

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