Court of Appeal Summaries (June 19 - June 23, 2013)

  • June 26, 2023
  • John Polyzogopoulos

Ontario v Gore Mutual Insurance Company involved a contest between whether a private insurer or a public fund would be responsible to compensate the victims of a snowmobile accident. The victims were riding an uninsured snowmobile that hit a tree. One died, the other suffered serious injuries. A second snowmobile that was insured that had been following them hit the same tree right after them. The second snowmobile was “involved” in the accident of the first, and that was enough to make the insurer of the second snowmobile liable, even though the second snowmobile did not collide with the first or cause the collision of the first snowmobile. Causation was not part of the test to determine whether the insurer was liable.

In Beardwood v Hamilton (City), the Court allowed the appeal from the dismissal of the claim against the City. The Court held that the trial judge committed a palpable and overriding error in holding that the City did not have a duty to repair the road and that the appellant was 50% negligent.

Walma v Georgian Bluffs (Township) was a dispute regarding whether the Township of Georgian Bluffs and the Crown have a legal responsibility to main a road which provided access to the respondent’s property. The Court allowed the Crown’s appeal on procedural grounds. Neither the applicant nor the Township had sought any relief against the Crown. The application judge therefore had no basis to make an order against the Crown. The Township’s appeal was dismissed.

Madi v King involved a claim by a non-titled spouse to share in the increase in value of the matrimonial home arising after the date of separation. There is no right to an increase unless a claim such as constructive trust is asserted. There was no basis to award a post-separation increase in value in this case, and the appeal was allowed on that issue.

Zhao v Xiao, dealt with retroactive child support, for which there was no basis in this case.


Table of Contents

Civil Decisions

Ontario (Government and Consumer Services) v Gore Mutual Insurance Company, 2023 ONCA 433

Keywords: Contracts, Insurance, MVA, Statutory Accident Benefits, Civil Procedure, Arbitration, Standard of Review, Error of Law, Insurance Act, R.S.O. 1990, c. I.8, s. 268(2), Fault Determination Rules, O. Reg. 668, Arbitration Act, 1991, S.O. 1991, c. 17, section 45, Canada (Director of Investigation and Research) v Southam Inc., [1997] 1 S.C.R. 748.

Beardwood v Hamilton (City), 2023 ONCA 436

Keywords: Torts, MVA, Municipal Liability, Road Repair, Municipal Act, 2001, S.O. 2001, c. 25, ss. 44(3) and (4), Minimum Maintenance Standards for Municipal Highways, O Reg. 239/02, Fordham v Hutton Dunwich (Municipality), 2014 ONCA 891.

Walma v. Georgian Bluffs (Township), 2023 ONCA 431<

Keywords: Real Property, Municipal Liability, Road Repair, Expropriation, Civil Procedure, Applications, Procedural Fairness, Limitations Act, 2002, SO 2002, c. 24 Sched. B., The Highway Act, S.U.C. 1810 (50 Geo. III), c. 1, s. 12., Municipal Act, R.S.O. 1990, c. M.45., Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

Madi v. King, 2023 ONCA 443

Keywords: Family Law, Property, Equalization of Net Family Property, Matrimonial Home, Unjust Enrichment, Constructive Trust, Proprietary Estoppel, Child Support, Section 7 Expenses, Family Law Act, R.S.O. 1990, c. F.3, ss. 5(6), 5(7), Federal Child Support Guidelines, SOR/97-175, s. 7, 19(1), Martin v. Sansome, 2014 ONCA 14, Bakhsh v. Merdad, 2022 ONCA 1, McNamee v. McNamee, 2011 ONCA 533, Ward v. Ward, 2012 ONCA 462, Doef's Iron Works Ltd. v. Mortgage Corp. Canada Inc., 2004 CanLII 34620 (Ont. C.A.), Garland v. Consumers’ Gas Co., 2004 SCC 25, Cowper-Smith v. Morgan, 2017 SCC 61, Spadacini-Kelava v. Kelava, 2020 ONSC 7907, Scholz v. Scholz, 2013 BCCA 309, Korman v. Korman, 2015 ONCA 578.

Zhao v. Xiao, 2023 ONCA 453

Keywords: Family Law, Child Support, Section 7 Expenses, Family Law Act, R.S.O. 1990 c. F.3., s. 37(2.3), Federal Child Support Guidelines, SOR/97-175, s. 7, S.(D.B.) v. G.(S.R.) 2006, 2 S.C.R. 231, Michel v. Graydon, 2020 SCC 24, Lesko v. Lesko, 2021 ONCA 369, Hickey v. Hickey, [1999] 2 S.C.R. 518.

Short Civil Decisions

Novosel v. Campisi, 2023 ONCA 439

Keywords: Contracts, Solicitor and Client, Contingency Fee Agreements, Solicitors Act, R.S.O. 1990, c. S.15, ss. 24 and 25, Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6(2), Raphael Partners v. Lam, 61 O.R. (3d) 417 (C.A.), Newell v. Sax, 2019 ONCA 455.

Peters v. SNC-Lavalin Group Inc., 2023 ONCA 438

Keywords: Costs, Partial Indemnity, Public Interest Litigation, Markowich v. Lundin Mining Corporation, 2023 ONCA 359.