Rumsam v. Pakes,

JurisdictionOntario
JudgeDoherty, Harvison Young and Thorburn JJ.A.
Citation2019 ONCA 748
Docket NumberC66544
CourtCourt of Appeal (Ontario)
Date24 September 2019

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8 practice notes
  • Court Of Appeal Summaries (September 23-27)
    • Canada
    • Mondaq Canada
    • October 11, 2019
    ...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......
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...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......
  • Rowe v Canada et Al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 11, 2025
    ...anniversary of the day on which the claim was discovered ( Limitations Act, s. 4-5). The Court of Appeal for Ontario in Rumsam v. Pakes, 2019 ONCA 748 at para. 33 held that a “claim is discovered when the claimant first knew the injury occurred, that it was caused by an act or omission, tha......
  • Marsh, Christopher and Blockchain Markets Inc. v Electronica AI Inc. and Aristotle Andrulakis,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...A prospective litigant need not know the exact extent or type of harm suffered or the precise cause of injury: Rumsam v. Pakes, 2019 ONCA 748 at paras. 50 Further, and as expressed by this Court, “[T]he claimant need only know enough material facts on which to base a legal allegation. Once ......
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7 cases
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...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......
  • Rowe v Canada et Al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 11, 2025
    ...anniversary of the day on which the claim was discovered ( Limitations Act, s. 4-5). The Court of Appeal for Ontario in Rumsam v. Pakes, 2019 ONCA 748 at para. 33 held that a “claim is discovered when the claimant first knew the injury occurred, that it was caused by an act or omission, tha......
  • Larke v. Vitalité Health Network Grand Falls General Hospital,
    • Canada
    • Court of Appeal (New Brunswick)
    • June 9, 2022
    ...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]                 ......
  • Marsh, Christopher and Blockchain Markets Inc. v Electronica AI Inc. and Aristotle Andrulakis,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...A prospective litigant need not know the exact extent or type of harm suffered or the precise cause of injury: Rumsam v. Pakes, 2019 ONCA 748 at paras. 50 Further, and as expressed by this Court, “[T]he claimant need only know enough material facts on which to base a legal allegation. Once ......
  • Get Started for Free
1 firm's commentaries
  • Court Of Appeal Summaries (September 23-27)
    • Canada
    • Mondaq Canada
    • October 11, 2019
    ...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......