Wong v. Ontario
The Statement of Claim did not contain the words or facts necessary to support a claim for negligent investigation and therefore did not disclose a reasonable cause of action against the Crown; the appeal was dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 901
- Parties
- Appellant: Candy Wong; Respondent: Her Majesty the Queen in Right of the Province of Ontario; Respondent: Home Trust Company
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 18 December 2009
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Negligent Investigation, Statement of Claim, Pleading Sufficiency, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Candy Wong
Appellant
Her Majesty the Queen in Right of the Province of Ontario
Respondent
Home Trust Company
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the statement of claim discloses a cause of action for negligent investigation against the Crown
- 2 Whether the facts pleaded support a claim for negligent investigation
- 3 Whether the appeal from the motion judge should be dismissed and costs awarded
Ratio Decidendi
The Statement of Claim did not contain the words or facts necessary to support a claim for negligent investigation and therefore did not disclose a reasonable cause of action against the Crown; the appeal was dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Partial indemnity costs to the respondent fixed in the sum of $3,500.00 inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
Wong v. Ontario Collection Decisions of the Court of Appeal Date 2009-12-18 Neutral citation 2009 ONCA 901 Docket numbers C50661 Judges MacFarland, Jean Louise; Rouleau, Paul S.; Watt, David Subject Civil Decision Content CITATION: Wong v. Ontario, 2009 ONCA 901 DATE: 20091217 DOCKET: C50661 COURT OF APPEAL FOR ONTARIO MacFarland, Rouleau and Watt JJ.A. BETWEEN: Candy Wong Plaintiff/Appellant and Her Majesty the Queen in Right of the Province of Ontario and Home Trust Company Defendants/Respondents Roger A. Gosbee, for the appellant Edmund Huang, for the respondent Heard and endorsed: December 15, 2009 On appeal from the order of Justice Ian A. MacDonnell of the Superior Court of Justice dated May 12, 2009. APPEAL BOOK ENDORSEMENT [1] The appellant submits that the Statement of Claim can be read as making a claim for negligent investigation. [2] As noted by the motion judge the words “negligent investigation” do not appear in the Statement of Claim and no facts are pleaded which could support such a claim. Accordingly we agree with the motion judge that the Statement of Claim does not disclose any reasonable cause of action against the Crown. The appeal is dismissed. Partial indemnity costs to the respondent fixed in the sum of $3,500.00 inclusive of disbursements and GST.