Thouless v. Klatil

Thouless v. Klatil

The Court of Appeal held the motions judge was fully justified in finding there was no genuine issue or material fact requiring a trial, the record supported those findings, and therefore the appellate court would not interfere; the appeal was dismissed.

Citation
C40559
Parties
Plaintiff/appellant: Peter Thouless; Plaintiff/appellant: Yvonne Campbell; Defendant/respondent: Peter Klatil; Defendant/respondent: 1160491 Ontario Inc.; Defendant/respondent: Golden Horseshoe Hockey League; Defendant/respondent: Appleby Ice Centre; Defendant/respondent: City of Burlington
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 March 2004
Procedural Posture
Civil / Appeal From Motions Judge's Order (summary Disposition/no Genuine Issue for Trial)
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, No Genuine Issue for Trial, Costs
Source Language
English
Civil Procedure Appeals Summary Judgment No Genuine Issue for Trial Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Thouless

Plaintiff/appellant

Yvonne Campbell

Plaintiff/appellant

Peter Klatil

Defendant/respondent

1160491 Ontario Inc.

Defendant/respondent

Golden Horseshoe Hockey League

Defendant/respondent

Appleby Ice Centre

Defendant/respondent

City of Burlington

Defendant/respondent

Procedural Posture

Civil / Appeal From Motions Judge's Order (summary Disposition/no Genuine Issue for Trial)

Legal Issues

  1. 1 Whether the motions judge erred in finding there was no genuine issue or material fact requiring a trial
  2. 2 Whether the Court of Appeal should interfere with the motions judge's findings of fact and conclusions

Ratio Decidendi

The Court of Appeal held the motions judge was fully justified in finding there was no genuine issue or material fact requiring a trial, the record supported those findings, and therefore the appellate court would not interfere; the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Order of Justice Kenneth A. Langdon dated August 5, 2003 upheld