Pantlin v. Toronto (City)
The appeal was dismissed because the Court found no reversible error in the trial judge's findings: no contract was formed and, assuming a duty of care existed, the trial judge permissibly found no negligence by the City officials; appellate deference to factual inferences was decisive.
Source-derived case information.
- Citation
- C38674
- Parties
- Appellant: Kenneth Pantlin; Respondent: The Corporation of the City of Toronto; Respondent: Toronto Housing Company Inc.; Respondent: Bob Dryden; Respondent: Gregory P. Johnstone
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 December 2004
- Procedural Posture
- Civil Appeal / Appeal to Court of Appeal From Superior Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Formation of Contract, Duty of Care, Negligence, Appeals and Appellate Deference, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Pantlin
Appellant
The Corporation of the City of Toronto
Respondent
Toronto Housing Company Inc.
Respondent
Bob Dryden
Respondent
Gregory P. Johnstone
Respondent
Procedural Posture
Civil Appeal / Appeal to Court of Appeal From Superior Court Judgment
Legal Issues
- 1 Whether a contract was formed between the parties
- 2 Whether the defendants owed a duty of care and breached it (negligence)
- 3 Whether the trial judge committed reversible error in findings of fact and law
Ratio Decidendi
The appeal was dismissed because the Court found no reversible error in the trial judge's findings: no contract was formed and, assuming a duty of care existed, the trial judge permissibly found no negligence by the City officials; appellate deference to factual inferences was decisive.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent City: $10,000 inclusive of G.S.T. and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Pantlin v. Toronto (City) Collection Decisions of the Court of Appeal Date 2004-12-06 Docket numbers C38674 Judges Rosenberg, Marc; Moldaver, Michael James; Simmons, Janet M. Subject Civil Decision Content DATE: 20041206 DOCKET: C38674 COURT OF APPEAL FOR ONTARIO RE: KENNETH PANTLIN ((Plaintiff (Appellant)) – and – THE CORPORATION OF THE CITY OF TORONTO, TORONTO HOUSING COMPANY INC., BOB DRYDEN and GREGORY P. JOHNSTONE (Defendants (Respondents)) BEFORE: ROSENBERG, MOLDAVER and SIMMONS JJ.A. COUNSEL: Lawrence Theall and J. Brown for the appellant Douglas O. Smith for the respondent City of Toronto, Toronto Housing Company and Bob Dryden Gary Shortliffe for Gregory P. Johnstone HEARD & ENDORSED: December 2, 2004 On appeal from the judgment of Justice Alexandra Hoy of the Superior Court of Justice dated July 5, 2002. APPEAL BOOK ENDORSEMENT [1] Despite Mr. Theall’s able argument, we have not been persuaded that the trial judge made any reversible error. While the facts were largely uncontested the inferences to be drawn from those facts and the application of the law to those facts, especially the findings respecting negligence, were entitled to deference. We agree with the trial judge that no contract was formed. As for the claims in negligence, assuming there was a duty owed to the appellant, it was open to the trial judge to find, as she did, that there was no negligence on the part of the City’s officials. [2] Accordingly, the appeal is dismissed with costs fixed as follows: (a) To the respondent City - $10,000 inclusive of G.ST. and disbursements. (b) To the respondent Johnston - $1,500 inclusive of G.S.T and disbursements (c) No costs of the motion to set aside the Order of the Registrar.