Danyliw v. 578693 Ontario Limitied

Danyliw v. 578693 Ontario Limitied

The trial judge's factual finding that the fire was caused by faulty chimney construction leading to a chimney fire and pyrolysis at the charred trimmer joist was supported by the preponderance of evidence and the appellate court found no palpable and overriding error in that assessment, therefore the appeal was...

Source-derived case information.

Citation
2007 ONCA 447
Parties
Plaintiff/respondent: Francis Danyliw; Defendant/appellant: 578693 Ontario Limited; Defendant/appellant: C & R Contractors Limited; Defendant/appellant: Turnpike Masonry Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 June 2007
Procedural Posture
Civil Appeal / Appeal From Superior Court Judgment Dated April 25, 2006; Decision of Court of Appeal Issued June 18, 2007
Outcome
Appeal dismissed
Legal Topics
Fire Origin, Causation, Burden of Proof, Evaluation of Expert Evidence, Standard of Appellate Review (palpable and Overriding Error)
Source Language
english
Civil Law Tort Negligence Property Damage Evidence Law Fire Origin Causation Burden of Proof +2 more

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Summary, issues, holding and outcome

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Parties

Francis Danyliw

Plaintiff/respondent

578693 Ontario Limited

Defendant/appellant

C & R Contractors Limited

Defendant/appellant

Turnpike Masonry Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Superior Court Judgment Dated April 25, 2006; Decision of Court of Appeal Issued June 18, 2007

Legal Issues

  1. 1 Whether the trial judge erred in applying the burden of proof to establish the origin and cause of the fire
  2. 2 Whether the trial judge misapprehended or improperly evaluated the evidence regarding the fire's origin
  3. 3 Whether the trial judge's factual findings were tainted by palpable and overriding error so as to warrant appellate interference

Ratio Decidendi

The trial judge's factual finding that the fire was caused by faulty chimney construction leading to a chimney fire and pyrolysis at the charred trimmer joist was supported by the preponderance of evidence and the appellate court found no palpable and overriding error in that assessment, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent fixed at $20,000 all inclusive