Case information
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40590
Anica Visic v. Elia Associates Professional Corporation, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70804, 2022 ONCA 841, dated December 1, 2022, is dismissed with costs to the respondents, Elia Associates Professional Corporation and Patricia Elia. Jamal J. took no part in the judgment. Dismissed, with costs |
|
| 2023-04-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-09 | Book of authorities, (Book Form), (4 volumes), Completed on: 2023-03-14, (Printed version filed on 2023-03-14) | Anica Visic |
| 2023-02-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-15) | Anica Visic |
| 2023-02-07 | Certificate (on limitations to public access), 23A | Anica Visic |
| 2023-02-03 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-02-03 | |
| 2023-02-02 | Notice of name, (Letter Form), (Printed version filed on 2023-02-06) | Elia Associates Professional Corporation |
| 2023-02-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-02-06) | Elia Associates Professional Corporation |
| 2023-02-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-03, (Printed version filed on 2023-02-06) | Elia Associates Professional Corporation |
| 2023-01-16 |
Application for leave to appeal, (Book Form), (2 volumes), Required: Public Access Form (Rec'd 2023-02-07) Formal CA Order (Rec'd 2023-02-07), Completed on: 2023-02-10, (Printed version filed on 2023-01-30) |
Anica Visic |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Visic, Anica | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Elia Associates Professional Corporation | Respondent | Active |
| Patricia Elia and University of Windsor | Respondent | Active |
Counsel
Party: Visic, Anica
This party is not represented by counsel.
Party: Elia Associates Professional Corporation
Counsel
5141 Steeles Ave. West
Toronto, Ontario
M9L 1R5
Telephone: (416) 446-0800
FAX: (416) 446-0804
Email: acasalinuovo@elia.org
Party: Patricia Elia and University of Windsor
Counsel
5141 Steeles Ave. West
Toronto, Ontario
M9L 1R5
Telephone: (416) 446-0800
FAX: (416) 446-0804
Email: acasalinuovo@elia.org
Summary
Keywords
Limitation of actions — Action dismissed on summary judgment on basis it was commenced beyond limitation period set out in Limitations Act, 2002, S.O. 2002, c. 24 — Whether there was no genuine issue requiring a trial — Whether summary judgment ought to have been granted to applicant who refused to attend for cross-examination and failed to meet onus of proof — Whether leave ought to be granted to amend statement of claim — Whether hearing wrongly proceeded to summary judgment notwithstanding endorsement of motion to strike claims — Who has onus of proof on a motion for summary judgment — What constitutes a “genuine issue” for the purposes of s. 5(1)(a)(ii) of the Limitations Act in respect of different causes of action and distinct claims — What is the meaning of an “appropriate” proceeding in s. 5(1)(a)(iv) of the Limitations Act — What is the purpose of the ultimate limitation periods pursuant to s. 15 of the Limitations Act?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Ms. Visic was employed by the law firm Elia Associates Professional Corporation in 2007 as an articling student and Ms. Elia was her principal. Her articles ended after 5 months. In 2018, Ms. Visic commenced an action for defamation, negligence, wrongful termination, breach of duty and other causes of action. The defendants filed a motion for summary judgment arguing that the action was barred by a limitation period set out in Limitations Act, 2002, S.O. 2002, c. 24. The Ontario Superior Court of Justice granted summary judgment and dismissed the claim. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 3030, CV-18-611524
Summary judgment granted dismissing action
Court of Appeal for Ontario
2022 ONCA 841, C70804
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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