Foster v. Toronto (City)
The appeal was dismissed because the claim disclosed no reasonable cause of action against the City; the shelters were independently operated and managed and the City was not directly, indirectly or vicariously responsible for the shelter staff, making summary judgment appropriate.
Source-derived case information.
- Citation
- 2015 ONCA 620
- Parties
- Appellant: Lori Lee Foster; Respondent: City of Toronto
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 September 2015
- Procedural Posture
- Civil / Appeal From Summary Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Vicarious Liability, Summary Judgment, Limitation Period, Administration of Social Housing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lori Lee Foster
Appellant
City of Toronto
Respondent
Procedural Posture
Civil / Appeal From Summary Judgment
Legal Issues
- 1 Whether the plaintiff disclosed a reasonable cause of action against the City
- 2 Whether the City was directly, indirectly or vicariously responsible for shelter staff
- 3 Whether summary judgment was appropriate
Ratio Decidendi
The appeal was dismissed because the claim disclosed no reasonable cause of action against the City; the shelters were independently operated and managed and the City was not directly, indirectly or vicariously responsible for the shelter staff, making summary judgment appropriate.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No costs order
Full Case Text
Judgment text and source record
1 paragraphs
Foster v. Toronto (City) Collection Decisions of the Court of Appeal Date 2015-09-17 Neutral citation 2015 ONCA 620 Docket numbers C59593 Judges Gillese, Eileen E.; Pepall, Sarah E.; Lauwers, Peter D. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Foster v. Toronto (City), 2015 ONCA 620 DATE: 20150914 DOCKET: C59593 Gillese, Pepall and Lauwers JJ.A. BETWEEN Lori Lee Foster Plaintiff (Appellant) and City of Toronto Defendant (Respondent) Lori Lee Foster, acting in person Michelle Brady, for the respondent Heard: September 11, 2015 On appeal from the judgment of Justice Paul Perell of the Superior Court of Justice, dated October 14, 2015. APPEAL BOOK ENDORSEMENT [1] Ms. Foster lived in a number of homeless shelters between 2002 and 2010. In this action, she alleges that her application for subsidized housing was mishandled because it did not note her status as a victim of abuse. She contends that had her application been properly handled, she would have obtained permanent housing earlier. [2] The City moved for summary judgment. The motion was granted on two bases. The first is that there was no genuine issue for trial. The second is related to the alleged expiration of the limitation period. [3] We agree with the motion judge that the claim discloses no reasonable cause of action and dismiss the appeal on that basis. The City was not directly, indirectly or vicariously responsible for the staff against whom Ms. Foster claimed. While the City provides funding to those shelters, they are independently operated and managed. Accordingly, it is unnecessary for this court to address the limitation period issue. [4] The appeal is dismissed. No costs order.