York University v. Markicevic,

JurisdictionOntario
JudgeFeldman,Pepall,Pardu
Citation2018 ONCA 893
Docket NumberC62351
CourtCourt of Appeal (Ontario)
Date08 November 2018

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9 practice notes
  • Ontario Court Of Appeal Summaries (November 5 - 9, 2018)
    • Canada
    • Mondaq Canada
    • 15 Noviembre 2018
    ...v C.U.P.E. Local 79, 2003 SCC 63 , Minott v O'Shanter Development Co. (1999), 42 OR (3d) 321 (C.A.) York University v. Markicevic, 2018 ONCA 893 Keywords: Contracts, Employment, Severance, Releases, Rescission, Fraud, Misrepresentation, Civil Procedure, Limitation Periods, Standard of Re......
  • Saskatchewan (Highways and Infrastructure) v Venture Construction Inc.,
    • Canada
    • Court of Appeal (Saskatchewan)
    • 7 Abril 2020
    ...252; Miramichi Lumber Products Inc. v Province of New Brunswick, 2019 NBCA 61 at para 12, 38 CPC (8th) 426; York University v Markicevic, 2018 ONCA 893 at para 27, 51 CCEL (4th) 30. The importance, in that analysis, of ascertaining when a claim was discovered or became discoverable gives th......
  • Ntakos Estate v. Ntakos,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 6 Abril 2021
    ...would “unravel” the Releases. This is not a case like York University v. Markicevic and Brown, 2016 ONSC 3718 at paras. 140-147, aff’d 2018 ONCA 893, where the Court set aside a settlement agreement found to have been procured through fraudulent misrepresentation on which the plaintiff detr......
  • Lombard v Ron S. Maurice Professional Corporation (Maurice Law Barristers & Solicitors),
    • Canada
    • Court of Appeal (Saskatchewan)
    • 4 Abril 2025
    ...252; Miramichi Lumber Products Inc. v Province of New Brunswick, 2019 NBCA 61 at para 12, 38 CPC (8th) 426; York University v Markicevic, 2018 ONCA 893 at para 27, 51 CCEL (4th) 30. The importance, in that analysis, of ascertaining when a claim was discovered or became discoverable gives th......
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7 cases
  • Saskatchewan (Highways and Infrastructure) v Venture Construction Inc.,
    • Canada
    • Court of Appeal (Saskatchewan)
    • 7 Abril 2020
    ...252; Miramichi Lumber Products Inc. v Province of New Brunswick, 2019 NBCA 61 at para 12, 38 CPC (8th) 426; York University v Markicevic, 2018 ONCA 893 at para 27, 51 CCEL (4th) 30. The importance, in that analysis, of ascertaining when a claim was discovered or became discoverable gives th......
  • Ntakos Estate v. Ntakos,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 6 Abril 2021
    ...would “unravel” the Releases. This is not a case like York University v. Markicevic and Brown, 2016 ONSC 3718 at paras. 140-147, aff’d 2018 ONCA 893, where the Court set aside a settlement agreement found to have been procured through fraudulent misrepresentation on which the plaintiff detr......
  • Lombard v Ron S. Maurice Professional Corporation (Maurice Law Barristers & Solicitors),
    • Canada
    • Court of Appeal (Saskatchewan)
    • 4 Abril 2025
    ...252; Miramichi Lumber Products Inc. v Province of New Brunswick, 2019 NBCA 61 at para 12, 38 CPC (8th) 426; York University v Markicevic, 2018 ONCA 893 at para 27, 51 CCEL (4th) 30. The importance, in that analysis, of ascertaining when a claim was discovered or became discoverable gives th......
  • Zaidi v. Syed, Estate of, et al, 2023 ONSC 1244 COURT FILE NO.:,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 22 Febrero 2023
    ...ONCA 304; Agg v. Watson, 2021 ONSC 3068; 375 Lakeshore Developments Inc. v. Tong,  2021 ONSC 1820; York University v. Markicevic 2018 ONCA 893, leave to appeal to S.C.C. ref’d [2019] S.C.C.A. No. 134; Risalsdar v. Ali, 2014 ONCA 59; Buccilli v. Pillitteri, 2012 ONSC 6624, aff&ap......
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2 firm's commentaries
  • Ontario Court Of Appeal Summaries (November 5 - 9, 2018)
    • Canada
    • Mondaq Canada
    • 15 Noviembre 2018
    ...v C.U.P.E. Local 79, 2003 SCC 63 , Minott v O'Shanter Development Co. (1999), 42 OR (3d) 321 (C.A.) York University v. Markicevic, 2018 ONCA 893 Keywords: Contracts, Employment, Severance, Releases, Rescission, Fraud, Misrepresentation, Civil Procedure, Limitation Periods, Standard of Re......
  • Fraudulent Dealings: Why A Mutual Release May Not Be Iron-Clad
    • Canada
    • Mondaq Canada
    • 29 Noviembre 2019
    ...release might be upheld in some circumstances, recent case law, stemming from the Ontario Court of Appeal, York University v Markicevic, 2018 ONCA 893, indicates that a mutual release agreement can be set aside when a party makes a fraudulent misrepresentation, ultimately inducing the other......