Van Ginkel v. East Asia Minerals, 2010 ONSC 905

JurisdictionOntario
JudgePerell, J.
Neutral Citation2010 ONSC 905
Citation2010 ONSC 905,[2010] O.T.C. Uned. 905,[2010] O.T.C. Uned. 905 (SC),[2010] OJ No 541 (QL),[2010] OTC Uned 905 (SC),[2010] O.J. No 541 (QL),[2010] OTC Uned 905
Date08 February 2010
CourtSuperior Court of Justice of Ontario (Canada)
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8 practice notes
  • Court Of Appeal Summaries (January 23 ' 27, 2023)
    • Canada
    • Mondaq Canada
    • January 31, 2023
    ...[2016] O.J. No. 451, Gloucester Organization Inc. v. Canadian Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, Ginkel v. East Asia, 2010 ONSC 905, Whiten v Pilot Insurance Co., [2002] S.C.J. No. 19, Family Delicatessen Ltd. V. London (City), 2006 CanLII 5135 (Ont. C.A), John Sopinka, Mark......
  • Horani v Manulife Financial Corporation,
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2023
    ...Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, [1995] (Gen. Div.) (leave to bring a motion to amend); and Ginkel v. East Asia, 2010 ONSC 905 (CanLII), at para. 17 (leave to bring a motion to (4) The Motion Judge's Reasons to Deny Leave 24 In her carefully crafted reasons, the motio......
  • 2023 ONCA 51,
    • Canada
    • January 1, 2023
    ...Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, [1995] (Gen. Div.) (leave to bring a motion to amend); and Ginkel v. East Asia, 2010 ONSC 905 (CanLII), at para. 17 (leave to bring a motion to (4) The Motion Judge's Reasons to Deny Leave 24 In her carefully crafted reasons, the motio......
  • Hamilton v. Ont., 2013 ONSC 4536
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • July 15, 2013
    ...sets an action down for trial, leave is not required to bring a refusals motion. Conversely in Van Ginkel v. East Asia Minerals Corp., 2010 ONSC 905, [2010] O.J. No. 541, Perell J. held that leave is required to bring a refusals motion after the action is set down for trial. [13] Perell J. ......
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7 cases
  • 2023 ONCA 51,
    • Canada
    • January 1, 2023
    ...Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, [1995] (Gen. Div.) (leave to bring a motion to amend); and Ginkel v. East Asia, 2010 ONSC 905 (CanLII), at para. 17 (leave to bring a motion to (4) The Motion Judge's Reasons to Deny Leave 24 In her carefully crafted reasons, the motio......
  • Horani v Manulife Financial Corporation,
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2023
    ...Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, [1995] (Gen. Div.) (leave to bring a motion to amend); and Ginkel v. East Asia, 2010 ONSC 905 (CanLII), at para. 17 (leave to bring a motion to (4) The Motion Judge's Reasons to Deny Leave 24 In her carefully crafted reasons, the motio......
  • J.A.L. Developments v. Residences of Springhill Inc., 2020 ONSC 2222
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 30, 2020
    ...years later, and now ten years ago, Justice Perell confirmed this was the correct approach in Van Ginkel v. East Asia Minerals Corp. (2010 ONSC 905; 2010 CarswellOnt 717). His Honour canvassed the previous case law to extract the appropriate guiding principles. With respect to Rule 48.04(1)......
  • Nielsen (Jens) Custom Contracting Ltd. v. Litwin, [2012] O.T.C. Uned. 2472 (SC)
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 7, 2012
    ...required to proceed to trial. [13] The test to obtain leave pursuant to Rule 48.04 is discussed in Ginkel v. East Asia Minerals Corp., 2010 ONSC 905. At para. 17 Justice Perell sets out the following: Having reviewed that case law about these several rules, I extract the following principle......
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1 firm's commentaries
  • Court Of Appeal Summaries (January 23 ' 27, 2023)
    • Canada
    • Mondaq Canada
    • January 31, 2023
    ...[2016] O.J. No. 451, Gloucester Organization Inc. v. Canadian Newsletter Managers Inc. (1995), 21 O.R. (3d) 753, Ginkel v. East Asia, 2010 ONSC 905, Whiten v Pilot Insurance Co., [2002] S.C.J. No. 19, Family Delicatessen Ltd. V. London (City), 2006 CanLII 5135 (Ont. C.A), John Sopinka, Mark......

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