McNevan v. Agrico Canada Limited

McNevan v. Agrico Canada Limited

The Court held the motion judge applied the correct legal test and properly concluded that the respondent's evidence left no genuine issue requiring a trial on the key matters of feed quality and causation because the appellant failed to produce evidence meeting his evidentiary burden; therefore the dismissal on summary judgment was affirmed.

Citation
2011 ONCA 720
Parties
Plaintiff (appellant): Dave McNevan; Defendant (respondent): Agrico Canada Limited; Third Party: Masterfeeds Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 November 2011
Procedural Posture
Civil Summary Judgment Arising From Alleged Defective Animal Feed / Appeal to Court of Appeal From Motion Judge's Dismissal on Summary Judgment
Outcome
Appeal dismissed; motion judge's dismissal on summary judgment upheld
Legal Topics
Summary Judgment, Standard of Review, Evidentiary Burden, Causation, Costs
Source Language
English
Civil Procedure Torts Product Liability Appeal Summary Judgment Standard of Review Evidentiary Burden Causation +1 more

Case Brief

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Parties

Dave McNevan

Plaintiff (appellant)

Agrico Canada Limited

Defendant (respondent)

Masterfeeds Inc.

Third Party

Procedural Posture

Civil Summary Judgment Arising From Alleged Defective Animal Feed / Appeal to Court of Appeal From Motion Judge's Dismissal on Summary Judgment

Legal Issues

  1. 1 Whether the motion judge erred in dismissing the action on summary judgment
  2. 2 Whether there was a genuine issue requiring trial on causation and feed quality
  3. 3 Whether the appellant met the evidentiary burden to rebut the respondent's evidence

Ratio Decidendi

The Court held the motion judge applied the correct legal test and properly concluded that the respondent's evidence left no genuine issue requiring a trial on the key matters of feed quality and causation because the appellant failed to produce evidence meeting his evidentiary burden; therefore the dismissal on summary judgment was affirmed.

Court Disposition

Appeal dismissed; motion judge's dismissal on summary judgment upheld

Orders

  • Appeal dismissed
  • Costs awarded to respondent in the amount of $8,998.15, inclusive of disbursements and all applicable taxes