Van Ginkel v. East Asia Minerals,

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)

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
9 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......
  • Paunovski v Risteski et Al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 10, 2025
    ...or unexpected change of circumstances” is a prerequisite to granting leave. This is not how r. 48.04 operates. 20 In Ginkel v. East Asia, 2010 ONSC 905, at para. 17, Perell J. summarized the existing case law on r. 48.04 and described the “test” for granting leave as follows: Once a party h......
  • 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......
  • Get Started for Free
8 cases
  • Paunovski v Risteski et Al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 10, 2025
    ...or unexpected change of circumstances” is a prerequisite to granting leave. This is not how r. 48.04 operates. 20 In Ginkel v. East Asia, 2010 ONSC 905, at para. 17, Perell J. summarized the existing case law on r. 48.04 and described the “test” for granting leave as follows: Once a party h......
  • 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......
  • 1351150 Ontario Inc. et al v. The Corporation of the Town of Hawkesbury,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 24, 2018
    ...or unexpected change in circumstances such that a refusal to grant leave would be manifestly unjust” (Ginkel v. East Asia Minerals Corp., 2010 ONSC 905, at para. 17; Chokler v. FCA Canada Inc., 2017 ONSC 4494, at paras. 9-13). c. The cross-motion is subject to the doctrine of issue estoppel......
  • Get Started for Free
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......