Caton v. Devecseri Estate

Caton v. Devecseri Estate

The Court held the jury's answers demonstrated both concurrent and joint liability and that the trial judge's instruction on concurrent liability was supported by the evidence; the charge, read as a whole, was not unbalanced or unfair; and the trial judge did not err in dismissing the post-trial Rule 21.01 renewal...

Source-derived case information.

Citation
2014 ONCA 52
Parties
Plaintiff (respondent): Jeremy Caton; Defendant (appellant/respondent): Dale Orlando, Litigation Administrator of the Estate of Steven Devecseri; Defendant (appellant): Jeffrey Bradfield; Defendant (respondent): Paul Latanski; Defendant (respondent): Kingsway General Insurance Company; Statutory Third Party (respondent): Royal & Sunalliance Insurance Company of Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 January 2014
Procedural Posture
Civil Appeal / Appeal From Trial Judgment After Jury Trial
Outcome
Appeal dismissed
Legal Topics
Concurrent Liability, Joint Tortfeasor, Causation (but for Test), Rule 21.01 Motions, Statutory Third Party, Costs
Source Language
english
Tort Insurance Law Civil Procedure Appeal Concurrent Liability Joint Tortfeasor Causation (but for Test) Rule 21.01 Motions +2 more

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Parties

Jeremy Caton

Plaintiff (respondent)

Dale Orlando, Litigation Administrator of the Estate of Steven Devecseri

Defendant (appellant/respondent)

Jeffrey Bradfield

Defendant (appellant)

Paul Latanski

Defendant (respondent)

Kingsway General Insurance Company

Defendant (respondent)

Royal & Sunalliance Insurance Company of Canada

Statutory Third Party (respondent)

Procedural Posture

Civil Appeal / Appeal From Trial Judgment After Jury Trial

Legal Issues

  1. 1 Whether the trial judge erred by telling the jury that the 'but for' test did not apply to appellant's potential liability as a joint tortfeasor
  2. 2 Whether the evidence supported a jury instruction on joint tortfeasors
  3. 3 Whether the trial judge's charge was unbalanced and unfair to the appellant

Ratio Decidendi

The Court held the jury's answers demonstrated both concurrent and joint liability and that the trial judge's instruction on concurrent liability was supported by the evidence; the charge, read as a whole, was not unbalanced or unfair; and the trial judge did not err in dismissing the post-trial Rule 21.01 renewal because the motion required evidence and the adding-order contemplated resolution of coverage in a separate action. Accordingly the appeal was dismissed and costs awarded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondents Jeremy Caton and Kingsway General Insurance Company awarded costs of the appeal in the amount of $15,000 each inclusive of disbursements and HST