Carriere v. Scullion

Carriere v. Scullion

The interpretation of the applicable Manitoba statute raised a genuine issue for trial and, because neither party tendered admissible expert evidence on that foreign statute, the motion judge erred in resolving the issue on a summary judgment motion; the appeal is allowed and the summary judgment is set aside.

Citation
C44340
Parties
Plaintiff (appellant): Marie J. Carriere; Plaintiff (appellant): Christine Janet Zaremba (minor) by her Litigation Guardian Marie J. Carriere; Defendant (respondent): Kevin Scullion as Litigation Administrator for the Estate of Mike McKinnon
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 July 2006
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (court of Appeal)
Outcome
Appeal allowed; summary judgment set aside; costs order below set aside.
Legal Topics
Summary Judgment, Statutory Interpretation, Choice of Law, Motor Vehicle Accident
Source Language
English
Civil Tort Procedural Law Statutory Interpretation Summary Judgment Choice of Law Motor Vehicle Accident

Case Brief

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Parties

Marie J. Carriere

Plaintiff (appellant)

Christine Janet Zaremba (minor) by her Litigation Guardian Marie J. Carriere

Plaintiff (appellant)

Kevin Scullion as Litigation Administrator for the Estate of Mike McKinnon

Defendant (respondent)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the interpretation of the applicable Manitoba statute could be decided on a summary judgment motion
  2. 2 Whether the absence of admissible expert evidence on the foreign statute precluded disposition on summary judgment
  3. 3 Whether the unique factual circumstances (visitor injured by another visitor in Manitoba) affect justiciability of the statutory issue

Ratio Decidendi

The interpretation of the applicable Manitoba statute raised a genuine issue for trial and, because neither party tendered admissible expert evidence on that foreign statute, the motion judge erred in resolving the issue on a summary judgment motion; the appeal is allowed and the summary judgment is set aside.

Court Disposition

Appeal allowed; summary judgment set aside; costs order below set aside.

Orders

  • Summary judgment set aside.
  • Costs order below set aside.