LeClair v. Ontario (Attorney General)
The Court dismissed the appeal and expressly declined to decide the issue of vicarious liability because the disposition in the related appeal C50105 made determination of that issue unnecessary.
Source-derived case information.
- Citation
- 2009 ONCA 471
- Parties
- Appellant: Gilles LeClair; Appellant: Julie Menard; Respondent: Her Majesty the Queen in Right of Ontario represented by the Attorney General for Ontario; Respondent: Donna Eastwood (Solicitor General for Ontario, now Minister of Community Safety and Correctional Services); Respondent: Ottawa Police Services Board; Respondent: John Monette; Respondent: Yasmine Ayroud; Respondent: Susan Aitken
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 June 2009
- Procedural Posture
- Civil / Appeal (court of Appeal)
- Outcome
- Appeal dismissed.
- Legal Topics
- Vicarious Liability, Costs, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilles LeClair
Appellant
Julie Menard
Appellant
Her Majesty the Queen in Right of Ontario represented by the Attorney General for Ontario
Respondent
Donna Eastwood (Solicitor General for Ontario, now Minister of Community Safety and Correctional Services)
Respondent
Ottawa Police Services Board
Respondent
John Monette
Respondent
Yasmine Ayroud
Respondent
Susan Aitken
Respondent
Procedural Posture
Civil / Appeal (court of Appeal)
Legal Issues
- 1 Whether respondents are vicariously liable
- 2 Whether the appeal should be allowed
- 3 Who is entitled to costs
Ratio Decidendi
The Court dismissed the appeal and expressly declined to decide the issue of vicarious liability because the disposition in the related appeal C50105 made determination of that issue unnecessary.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- No determination on vicarious liability was made as the related disposition in C50105 rendered it unnecessary to decide.
Full Case Text
Judgment text and source record
1 paragraphs
LeClair v. Ontario (Attorney General) Collection Decisions of the Court of Appeal Date 2009-06-10 Neutral citation 2009 ONCA 471 Docket numbers C49680 Judges Moldaver, Michael James; Armstrong, Robert Patrick; Epstein, Gloria Jean Subject Civil Decision Content CITATION: LeClair v. Ontario (Attorney General), 2009 ONCA 471 DATE: 20090610 DOCKET: C49680 COURT OF APPEAL FOR ONTARIO Moldaver, Armstrong and Epstein JJ.A. BETWEEN: Gilles LeClair and Julie Menard Appellants (Plaintiffs) and Her Majesty the Queen in Right of Ontario represented by the Attorney General for Ontario, and represented by the Solicitor General for Ontario (now the Minister of Community Safety and Correctional Services) Donna Eastwood, Ottawa Police Services Board, John Monette, Yasmine Ayroud and Susan Aitken Respondents (Defendants) Charles M. Gibson for the appellants Sara Blake for Her Majesty the Queen, respondents Heard and endorsed: June 8, 2009 On appeal from the decision of Justice K. E. Pedlar of the Superior Court of Justice dated October 22, 2008. APPEAL BOOK ENDORSEMENT [1] In view of our disposition in C50105, we need not decide the issue of vicarious liability upon which Pedlar J. based his decision. [2] The appeal is accordingly dismissed. [3] As for costs, see award in C50105 which is meant to cover this appeal as well.