Bryan v. Miguna
The Court of Appeal dismissed the appeal, upholding dismissal of the action as statute-barred and awarding the respondent $8,000 in costs.
- Statute‑barred
- Fraudulent concealment
- Summary judgment
- Limitation period
- Costs
- Statute-barred
Canada Source-linked decisions Coverage checked
Canada Case Law
Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
- Courts on this page
- 3 court collections
- Last checked
Search and filter Canada case law
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Krishnan v. Jamieson Laboratories Ltd.
The court exercised its discretion under the Rules and Fu factors to admit the late evidence for a limited purpose: Jamieson is permitted to amend its trial brief to add Mitchell Kiernan and to introduce his evidence in chief by affidavit and the Health Canada documents obtained after trial, because the documents are reliable and necessary to determine issues on the merits, the limited use reduces prejudice, and the interests of justice and need for a complete evidentiary record outweighed the lack of a reasonable explanation for late disclosure.
Source excerpt
- Admission of late evidence
- Witness list amendment
- Access to information requests
- Health canada master file
- Document authenticity and hearsay
- Fraudulent concealment
Stewart McKelvey v. Medjuck
The adjudicator found the services provided by Stewart McKelvey had legitimate value and were reasonable in light of the complexity of the litigation, the vigorous defence, and the retainer terms which put the client on notice of hourly billing and use of additional counsel. The risk that the claimant's credibility would fail at trial and that the claim would ultimately be unsuccessful did not render the account unlawful or unreasonable. Accordingly the respondent was ordered to pay the unpaid balance of the account plus the filing cost and a Certificate of Taxation was to issue.
Source excerpt
- Taxation of solicitor's account
- Retainer terms
- Reasonableness of fees
- Fraudulent concealment
- Security for costs
- Certificate of taxation
Essex Condominium Corporation No. 125 v. Heritage Park Villas Inc.
The motion judge erred by reversing the onus on discoverability: the respondents bore the burden to prove on a balance of probabilities that a reasonable person in the plaintiff's circumstances would have discovered the claim before December 30, 2014. Because the respondents did not meet that burden on the record, the summary judgment dismissal of the unpaid-common-fees claim was set aside and that claim must proceed to trial.
Source excerpt
- Limitations act discoverability
- Constructive knowledge
- Fraudulent concealment
- Summary judgment burdens
- Costs awards
Fehr v. Sun Life Assurance Company of Canada
The Investment Spread Claim was a new cause of action not fairly pleaded in the FASOC and was discoverable from documents and evidence produced in 2016 (the Repricing Report and Chambers evidence); therefore the proposed amendment was time‑barred under the Limitations Act and leave to amend (and to add the new common issue) was properly refused, with alternative refusal under s.12 CPA appropriate given prejudice and impact on the certified proceeding.
Source excerpt
- Breach of contract
- Duty of good faith and fair dealing
- Fraudulent concealment
- Discoverability
- Limitations period
- Amendment of pleadings
Santos v. Turgeon
The court allowed Bruce Santos to add the deceased’s advisors as defendants, finding a possible cause of action and a reasonable explanation for delay.
- Joinder of parties
- Discovery and discoverability
- Limitation periods
- Fraudulent concealment
- Breach of trust
- Breach of fiduciary duty
Manterra Technologies Inc. v. Verathon Medical (Canada) ULC
The Supreme Court of British Columbia dismissed a discovery application for broader document production and an affidavit of documents, finding the requests vague, overbroad and disproportionate.
- Relational contract
- Discovery
- Affidavit of documents
- Fraudulent concealment
- Good faith
- Confidential information
Young (Re)
The court annulled the Youngs’ bankruptcies after finding they failed to disclose their beneficial interest in the Victoria property and related sale proceeds.
- Annulment of discharge
- Non-disclosure of assets
- Resulting trust
- Fraudulent concealment
- Trustee administration
- Costs
NDrive, Navigation Systems S.A. v. Zhou
Given the motion judge's prior findings of fraud, the existence of a Mareva injunction, the appellants' apparent lack of assets in Ontario, and the broad and complex nature of the appeal making preparation costly, the court exercised its discretion under r.61.06(1)(c) and relevant authorities to order security for costs totaling $300,000 to protect the respondents; motion costs were fixed at $12,500 payable by the appellants.
Source excerpt
- Security for costs
- Mareva injunction
- Fraudulent concealment
- Summary judgment
- Costs awards
- Limitation periods
Zachariadis Estate v. Giannopoulos Estate
The Court of Appeal affirmed the motion judge: on the balance of probabilities the $700,000 was a valid gift; the appellants' suspicious circumstances did not constitute corroborated evidence requiring a trial; there was no active fraudulent concealment to toll the strict s.38(3) limitation and, even if tolling were arguable, the gift finding would be dispositive; the refusal to adjourn for non‑party examinations was a proper exercise of discretion; the proposed CRA correspondence was neither sufficiently relevant nor obtained with due diligence to be admitted; and the substantial indemnity c…
Source excerpt
- Fraudulent concealment
- Gift vs. trust
- Summary judgment
- Adjournment for non-party examinations (r.39)
- Fresh evidence on appeal
- Substantial indemnity costs
Explore more