Cousineau v. The Roman Catholic Episcopal Corporation
The motions judge correctly concluded there was no genuine issue of fact as to the validity of the releases relied upon by the Ministry and the Roman Catholic Episcopal Corporation; consequently summary judgment was proper and the appeals were dismissed.
Source-derived case information.
- Citation
- C28944, C28945
- Parties
- Plaintiff/appellant: Harlen Cousineau; Plaintiff/appellant: John David Kenny; Defendant/respondent: The Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada; Defendant/respondent: The Brothers of the Christian Training Schools of Ontario; Defendant/respondent: St. John Training School for Boys; Defendant/respondent: Her Majesty the Queen in Right of the Province of Ontario as represented by the Ministry of the Attorney General; Defendant/respondent: The Roman Catholic Children's Aid Society for Essex County; Defendant/respondent: The Roman Catholic Episcopal Corporation for the Diocese of London in Canada; Defendant/respondent: The Children's Aid Society for Lambton County
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 September 1998
- Procedural Posture
- Civil / Appeal (motions for Summary Judgment)
- Outcome
- Appeals dismissed with costs.
- Legal Topics
- Summary Judgment, Release, Vicarious Liability, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harlen Cousineau
Plaintiff/appellant
John David Kenny
Plaintiff/appellant
The Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada
Defendant/respondent
The Brothers of the Christian Training Schools of Ontario
Defendant/respondent
St. John Training School for Boys
Defendant/respondent
Her Majesty the Queen in Right of the Province of Ontario as represented by the Ministry of the Attorney General
Defendant/respondent
The Roman Catholic Children's Aid Society for Essex County
Defendant/respondent
The Roman Catholic Episcopal Corporation for the Diocese of London in Canada
Defendant/respondent
The Children's Aid Society for Lambton County
Defendant/respondent
Procedural Posture
Civil / Appeal (motions for Summary Judgment)
Legal Issues
- 1 Whether the releases relied on by respondents were valid and raised no genuine issue of fact
- 2 Whether there was any basis in fact or law to hold the Roman Catholic Episcopal Corporation vicariously liable
- 3 Whether summary judgment was appropriate
Ratio Decidendi
The motions judge correctly concluded there was no genuine issue of fact as to the validity of the releases relied upon by the Ministry and the Roman Catholic Episcopal Corporation; consequently summary judgment was proper and the appeals were dismissed.
Court Disposition
Appeals dismissed with costs.
Orders
- Appeals dismissed with costs.
- Summary judgment upheld in favour of the Ministry of the Attorney General and the Roman Catholic Episcopal Corporation for the Diocese of Toronto.
Full Case Text
Judgment text and source record
1 paragraphs
Cousineau v. The Roman Catholic Episcopal Corporation Collection Decisions of the Court of Appeal Date 1998-09-29 Docket numbers C28944, C28945 Judges Carthy, James Joseph; Labrosse, Jean-Marc; Moldaver, Michael James Subject Civil Decision Content DATE: 19980929 DOCKET: C28944, C28945 COURT OF APPEAL FOR ONTARIO RE: HARLEN COUSINEAU (Plaintiff/Appellant) v. THE ROMAN CATHOLIC EPISCOPAL CORPORATION FOR THE DIOCESE OF TORONTO IN CANADA, THE BROTHERS OF THE CHRISTIAN TRAINING SCHOOLS OF ONTARIO, ST. JOHN TRAINING SCHOOL FOR BOYS, HER MAJESTY THE QUEEN In Right of the Province of Ontario as represented by the MINISTRY OF THE ATTORNEY GENERAL, THE ROMAN CATHOLIC CHILDREN’S AID SOCIETY FOR ESSEX COUNTY and THE ROMAN CATHOLIC EPISCOPAL CORPORATION FOR THE DIOCESE OF LONDON IN CANADA (Defendants/Respondents) AND JOHN DAVID KENNY (Plaintiff/Appellant) v. THE ROMAN CATHOLIC EPISCOPAL CORPORATION FOR THE DIOCESE OF TORONTO IN CANADA, THE BROTHERS OF THE CHRISTIAN TRAINING SCHOOL OF ONTARIO, ST. JOHN TRAINING SCHOOL FOR BOYS, HER MAJESTY THE QUEEN In Right of the Province of Ontario as represented by the MINISTRY OF THE ATTORNEY GENERAL, THE CHILDREN’S AID SOCIETY FOR LAMBTON COUNTY (Defendants/ Respondents) BEFORE: CARTHY, LABROSSE and MOLDAVER JJ.A. COUNSEL: Ray Colautti and Craig Houle For the appellant T.C. Marshall For the Crown respondent P.D. Lauwers and M.R. Frederick For the Respondent Roman Catholic Episcopal Corporation HEARD: September 22, 1998 ENDORSEMENT The motions judge reviewed the record in its entirety and he concluded, correctly in our view, that there was no genuine issue of fact capable of calling into question the validity of the releases upon which the Ministry of the Attorney General and the Roman Catholic Episcopal Corporation relied in support of their motion for summary judgment. In view of this, we need not decide whether the motions judge erred in concluding that there was no basis in fact or in law for holding the Roman Catholic Episcopal Corporation vicariously liable. In the result, the appeals are dismissed with costs.