Caruso v. Bortolon

Caruso v. Bortolon

The motion judge correctly concluded the claim was discoverable by February 2017 based on the totality of evidence (affidavits, related proceedings and deemed admissions), rendering the action statute-barred; the refusal to adjourn and the refusal to admit fresh evidence were proper exercises of discretion and the summary judgment dismissal was therefore upheld.

Citation
2021 ONCA 842
Parties
Appellant (plaintiff): Gaspare Caruso; Respondent (defendant): Robert Bortolon; Respondent (defendant): Dean Bortolon; Respondent (defendant): John Hanna Nissan; Respondent (defendant): Martin Citron
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 November 2021
Procedural Posture
Civil / Appeal From Summary Judgment/order of Superior Court
Outcome
Appeal dismissed; summary judgment/order below upheld; fresh evidence application dismissed; adjournment refused; costs awarded to respondents.
Legal Topics
Summary Judgment, Discoverability, Adjournment, Fresh Evidence on Appeal, Deemed Admissions, Costs
Source Language
English
Civil Procedure Limitations Fraud Corporate/commercial Law Summary Judgment Discoverability Adjournment Fresh Evidence on Appeal +2 more

Case Brief

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Parties

Gaspare Caruso

Appellant (plaintiff)

Robert Bortolon

Respondent (defendant)

Dean Bortolon

Respondent (defendant)

John Hanna Nissan

Respondent (defendant)

Martin Citron

Respondent (defendant)

Procedural Posture

Civil / Appeal From Summary Judgment/order of Superior Court

Legal Issues

  1. 1 Whether the action was statute-barred under the Limitations Act due to discoverability of the claim by February 2017
  2. 2 Whether the motion judge erred in refusing an adjournment to permit further disclosure/evidence
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The motion judge correctly concluded the claim was discoverable by February 2017 based on the totality of evidence (affidavits, related proceedings and deemed admissions), rendering the action statute-barred; the refusal to adjourn and the refusal to admit fresh evidence were proper exercises of discretion and the summary judgment dismissal was therefore upheld.

Court Disposition

Appeal dismissed; summary judgment/order below upheld; fresh evidence application dismissed; adjournment refused; costs awarded to respondents.

Orders

  • Appeal dismissed
  • Action dismissed as statute-barred (summary judgment upheld)