Westerhof v. Gee Estate
The Court of Appeal found no reversible error in the trial or in the Divisional Court's affirmance; the appeals failed to demonstrate palpable and overriding error or legal misapplication, and the costs award in McCallum was a permissible exercise of discretion, therefore the impugned judgments were affirmed and the...
Source-derived case information.
- Citation
- 2015 ONCA 456
- Parties
- Plaintiff (appellant): Jeremy Westerhof; Defendant (respondent): Estate of William Gee and Kingsway General Insurance; Plaintiff (respondent): Daniel McCallum; Defendant (appellant): James Baker; Intervener: Ontario Trial Lawyers Association; Intervener: The Holland Access to Justice in Medical Malpractice Group; Intervener: Canadian Defence Lawyers Association; Intervener: The Advocates' Society
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 June 2015
- Procedural Posture
- Civil Appeal / Appeal Heard and Decided by the Court of Appeal for Ontario After Appeals From the Divisional Court and Superior Court Judgments
- Outcome
- Appeals dismissed in substance; Divisional Court and Superior Court judgments affirmed; costs fixed for McCallum appeal.
- Legal Topics
- Appeal, Jury Trial, Costs, Intervener Submissions, Access to Justice, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremy Westerhof
Plaintiff (appellant)
Estate of William Gee and Kingsway General Insurance
Defendant (respondent)
Daniel McCallum
Plaintiff (respondent)
James Baker
Defendant (appellant)
Ontario Trial Lawyers Association
Intervener
The Holland Access to Justice in Medical Malpractice Group
Intervener
Canadian Defence Lawyers Association
Intervener
The Advocates' Society
Intervener
Procedural Posture
Civil Appeal / Appeal Heard and Decided by the Court of Appeal for Ontario After Appeals From the Divisional Court and Superior Court Judgments
Legal Issues
- 1 Whether the Divisional Court erred in affirming the Superior Court judgments following jury trials
- 2 Appropriate standard of appellate review for jury findings and trial judge rulings
- 3 Whether the costs award in McCallum v. Baker was appropriate
Ratio Decidendi
The Court of Appeal found no reversible error in the trial or in the Divisional Court's affirmance; the appeals failed to demonstrate palpable and overriding error or legal misapplication, and the costs award in McCallum was a permissible exercise of discretion, therefore the impugned judgments were affirmed and the costs endorsement upheld.
Court Disposition
Appeals dismissed in substance; Divisional Court and Superior Court judgments affirmed; costs fixed for McCallum appeal.
Orders
- Appeal dismissed and the judgments of the Divisional Court and Superior Court affirmed.
- Costs of the appeal in McCallum v. Baker are to the respondent fixed in the amount of $60,000 inclusive of disbursements and applicable taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Westerhof v. Gee Estate Collection Decisions of the Court of Appeal Date 2015-06-22 Neutral citation 2015 ONCA 456 Docket numbers C56514, C58021 Judges Laskin, John Ivan; Sharpe, Robert J.; Simmons, Janet M. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Westerhof v. Gee Estate, 2015 ONCA 456 DATE: 20150622 DOCKET: C56514 and C58021 Laskin, Sharpe and Simmons JJ.A. BETWEEN Jeremy Westerhof Plaintiff (Appellant) and The Estate of William Gee and Kingsway General Insurance Defendant (Respondent) and BETWEEN Daniel McCallum Plaintiff (Respondent) and James Baker Defendant (Appellant) Jane Poproski, Lou Ferro and Robert Zigler, for the appellant Jeremy Westerhof Kieran C. Dickson and Kenneth J. Raddatz, for the respondent the Estate of William Gee Donald Rollo and David Visschedyk, for the appellant James Baker Paul J. Pape and Joanna Nairn, for the respondent Daniel McCallum Richard Halpern and Brian Cameron, for the intervener the Ontario Trial Lawyers Association William D. Black, Jerome R. Morse and John J. Morris, for the intervener The Holland Access to Justice in Medical Malpractice Group John A. Olah and Stephen Libin, for the intervener the Canadian Defence Lawyers Association Linda R. Rothstein and Jean-Claude Killey, for the intervener The Advocates’ Society Heard: September 22, 23, 24, 26, 2014 On appeal from the order of the Divisional Court (Justices P. Theodore Matlow, David Aston and Thomas R. Lederer) dated June 20, 2013 with reasons reported at 2013 ONSC 2093, 310 O.A.C. 335, affirming the judgment of Justice David S. Crane of the Superior Court of Justice dated October 26, 2011, following a decision by a jury; and on appeal from the judgment of Justice Gregory M. Mulligan of the Superior Court of Justice dated December 20, 2012, sitting with a jury. COSTS ENDORSEMENT [1] Costs of the appeal in McCallum v. Baker are to the respondent fixed in the amount of $60,000 inclusive of disbursements and applicable taxes. “John Laskin J.A.” “Robert Sharpe J.A.” “Janet Simmons J.A.”