Rudderham v. Folkes

Rudderham v. Folkes

The motion judge permissibly conducted a limited weighing of the evidence, concluded the respondent presented the only clear and credible evidence and the appellants had no evidence of over service; those findings were justified on the record and the appeal was dismissed.

Citation
2012 ONCA 603
Parties
Appellants (plaintiffs): Robert Allan Rudderham; Jeannette Padilla; Robert Rudderham; Alexandra Rudderham (minors represented by Litigation Guardian Jeannette Padilla); Respondents (defendants): Shawn Folkes; Mary Lloyd; 1707508 Ontario Limited c.o.b. as TJ’s Grill & Bar; Personal Insurance Company of Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 September 2012
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Appeal, Weighing of Evidence, Over Service, Costs
Source Language
English
Civil Litigation Tort Liability of Commercial Hosts Evidence and Procedure Summary Judgment Appeal Weighing of Evidence Over Service +1 more

Case Brief

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Parties

Robert Allan Rudderham; Jeannette Padilla; Robert Rudderham; Alexandra Rudderham (minors represented by Litigation Guardian Jeannette Padilla)

Appellants (plaintiffs)

Shawn Folkes; Mary Lloyd; 1707508 Ontario Limited c.o.b. as TJ’s Grill & Bar; Personal Insurance Company of Canada

Respondents (defendants)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the motion judge erred in granting summary judgment dismissing the action against the respondent
  2. 2 Whether there was sufficient evidence of over service to require a trial
  3. 3 Whether the motion judge improperly weighed evidence or made impermissible credibility findings on a summary judgment motion

Ratio Decidendi

The motion judge permissibly conducted a limited weighing of the evidence, concluded the respondent presented the only clear and credible evidence and the appellants had no evidence of over service; those findings were justified on the record and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment dismissing the action against the respondent upheld
  • Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes