Rumsam v. Pakes, 2019 ONCA 748
| Jurisdiction | Ontario |
| Judge | Doherty, Harvison Young and Thorburn JJ.A. |
| Citation | 2019 ONCA 748 |
| Docket Number | C66544 |
| Court | Court of Appeal (Ontario) |
| Date | 24 September 2019 |
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6 practice notes
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Court Of Appeal Summaries (September 23-27)
...Ellis-Don Construction Ltd., 2001 SCC 58, Holst v. Singh, 2018 ONSC 4220, Semelhago v. Paramadevan, [1996] 2 S.C.R. 415 Rumsam v. Pakes, 2019 ONCA 748 Keywords: Torts, Negligence, MedMal, Civil Procedure, Limitation Periods, Discoverability, Limitations Act, 2002, ss 4, 5(1), Sloan v. Ultra......
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Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748
...plaintiff does not need to know “the exact extent or type of harm suffered, or the precise cause of the injury”: Rumsam v. Pakes, 2019 ONCA 748, 148 O.R. (3d) 388, at para. 23, citing Brown v. Wahl, 2015 ONCA 778, 128 O.R. (3d) 588, at para. 15. The experts on the laws of Newfoundland and L......
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Larke v. Vitalité Health Network Grand Falls General Hospital,
...was on him to show that, despite undertaking reasonable diligence, he was not able to discover the material facts (see Rumsam v. Pakes, 2019 ONCA 748, [2019] O.J. No. 4798 (QL), at para. 33). [34] ......
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Wright v. 861467 Ontario, 2020 ONSC 1274
...precise cause of the damage, the type of damage, or the extent of the damage for the cause of action to accrue: Ibid; Rumsam v. Pakes, 2019 ONCA 748 at para 23. Deciding whether a claim is discovered is a fact-based analysis. To discover a tort claim, such as a negligence claim, it is suffi......
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5 cases
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Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748
...plaintiff does not need to know “the exact extent or type of harm suffered, or the precise cause of the injury”: Rumsam v. Pakes, 2019 ONCA 748, 148 O.R. (3d) 388, at para. 23, citing Brown v. Wahl, 2015 ONCA 778, 128 O.R. (3d) 588, at para. 15. The experts on the laws of Newfoundland and L......
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Larke v. Vitalité Health Network Grand Falls General Hospital,
...was on him to show that, despite undertaking reasonable diligence, he was not able to discover the material facts (see Rumsam v. Pakes, 2019 ONCA 748, [2019] O.J. No. 4798 (QL), at para. 33). [34] ......
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Wright v. 861467 Ontario, 2020 ONSC 1274
...precise cause of the damage, the type of damage, or the extent of the damage for the cause of action to accrue: Ibid; Rumsam v. Pakes, 2019 ONCA 748 at para 23. Deciding whether a claim is discovered is a fact-based analysis. To discover a tort claim, such as a negligence claim, it is suffi......
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Vouriot v. Lenny,
...there is a possible claim against a group of people, without needing to know which person is specifically responsible: Rumsam v. Pakes 2019 ONCA 748 at para. [21] In some cases, a medical opinion is required to acquire the material......
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1 firm's commentaries
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Court Of Appeal Summaries (September 23-27)
...Ellis-Don Construction Ltd., 2001 SCC 58, Holst v. Singh, 2018 ONSC 4220, Semelhago v. Paramadevan, [1996] 2 S.C.R. 415 Rumsam v. Pakes, 2019 ONCA 748 Keywords: Torts, Negligence, MedMal, Civil Procedure, Limitation Periods, Discoverability, Limitations Act, 2002, ss 4, 5(1), Sloan v. Ultra......