York University v. Markicevic, 2018 ONCA 893
| Jurisdiction | Ontario |
| Judge | Feldman,Pepall,Pardu |
| Citation | 2018 ONCA 893 |
| Docket Number | C62351 |
| Court | Court of Appeal (Ontario) |
| Date | 08 November 2018 |
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8 practice notes
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Ontario Court Of Appeal Summaries (November 5 - 9, 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......
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Saskatchewan (Highways and Infrastructure) v Venture Construction Inc., 2020 SKCA 39
...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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Ntakos Estate v. Ntakos, 2021 ONSC 2492
...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......
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Zaidi v. Syed, Estate of, et al, 2023 ONSC 1244 COURT FILE NO.:,
...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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6 cases
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Saskatchewan (Highways and Infrastructure) v Venture Construction Inc., 2020 SKCA 39
...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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Ntakos Estate v. Ntakos, 2021 ONSC 2492
...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......
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Zaidi v. Syed, Estate of, et al, 2023 ONSC 1244 COURT FILE NO.:,
...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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Winnipeg (City) v. Caspian Projects Inc. et al., 2022 MBQB 53
...[272] The City contends that it is in the identical position to that of the plaintiff in York University v. Markicevic, 2018 ONCA 893 (Markicevic CA decision). In that case, the defendant was the assistant vice-president of the plaintiff university and conspired with other......
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2 firm's commentaries
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Ontario Court Of Appeal Summaries (November 5 - 9, 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......
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Fraudulent Dealings: Why A Mutual Release May Not Be Iron-Clad
...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......