2748355 Canada Inc. v. Aviva Insurance Company of Canada
The appeal was dismissed because the application judge correctly concluded that Proturf was an essential party: determining coverage required ruling on whether an implied contract existed between the appellants and Proturf, a determination that would affect Proturf's interests and thus procedural fairness required...
Source-derived case information.
- Citation
- 2022 ONCA 667
- Parties
- Appellant: 2748355 Canada Inc.; Appellant: Bentall Kennedy; Appellant: Bentall Kennedy (Canada) Limited Partnership; Respondent: Aviva Insurance Company of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 September 2022
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Essential Party, Procedural Fairness, Coverage Dispute, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
2748355 Canada Inc.
Appellant
Bentall Kennedy
Appellant
Bentall Kennedy (Canada) Limited Partnership
Appellant
Aviva Insurance Company of Canada
Respondent
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether Proturf was an essential party to the coverage application
- 2 Whether procedural fairness required Proturf's participation in the coverage determination
- 3 Whether an implied contract existed between the appellants and Proturf relevant to the coverage dispute
Ratio Decidendi
The appeal was dismissed because the application judge correctly concluded that Proturf was an essential party: determining coverage required ruling on whether an implied contract existed between the appellants and Proturf, a determination that would affect Proturf's interests and thus procedural fairness required Proturf's participation.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- The appellants shall pay costs of the appeal to the respondent in the amount of $20,000, inclusive of disbursements and taxes.
Full Case Text
Judgment text and source record
1 paragraphs
2748355 Canada Inc. v. Aviva Insurance Company of Canada Collection Decisions of the Court of Appeal Date 2022-09-23 Neutral citation 2022 ONCA 667 Docket numbers C70206 Judges van Rensburg, Katherine; Pardu, Gladys I.; Copeland, Jill M. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: 2748355 Canada Inc. v. Aviva Insurance Company of Canada, 2022 ONCA 667 DATE: 20220923 DOCKET: C70206 van Rensburg, Pardu and Copeland JJ.A. BETWEEN 2748355 Canada Inc., Bentall Kennedy, Bentall Kennedy (Canada) Limited Partnership Applicants (Appellants) and Aviva Insurance Company of Canada Respondent (Respondent in Appeal) Steven Carlstrom and George Poirier, for the appellants Dennis Ong, for the respondent Heard: September 23, 2022 On appeal from the judgment of Justice S.J. Woodley of the Superior Court of Justice, dated December 1, 2021. APPEAL BOOK ENDORSEMENT [1] The appeal is dismissed. [2] We see no error in the application judge’s conclusion that Proturf was an essential party to the application. An essential step in determining the coverage dispute in this case would involve determining whether an implied contract existed between the appellants and Proturf at the time of the alleged trip and fall. Such a ruling would affect Proturf’s interests. Procedural fairness requires that Proturf be a party to any determination of this coverage dispute, even if, as the appellants argued, the appellants claimed no relief against Proturf. [3] The appellants shall pay costs of the appeal to the respondent in the amount of $20,000, inclusive of disbursements and taxes. “K. van Rensburg J.A.” “G. Pardu J.A.” “J. Copeland J.A.”