Parris v. Laidley

Parris v. Laidley

The appeal is allowed because the motions judge erred by drawing an adverse inference without assessing the defendant's evidence and credibility and without satisfying the conditions required to justify such an inference; consequently summary judgment on implied consent was improper and must be dismissed.

Citation
2012 ONCA 755
Parties
Plaintiff (respondent): Sandra Parris; Defendant (appellant): Derrick Laidley; Defendant (appellant): Gerald Laidley; Defendant (appellant): ING Insurance Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 November 2012
Procedural Posture
Civil / Appeal From Summary Judgment (motion Judge Granted Summary Judgment on Implied Consent)
Outcome
Appeal allowed; paragraph 1 of the formal order set aside; summary judgment motion dismissed.
Legal Topics
Summary Judgment, Adverse Inference, Implied Consent, Failure to Produce Witness, Control of Witness
Source Language
English
Civil Procedure Evidence Tort Insurance Law Summary Judgment Adverse Inference Implied Consent Failure to Produce Witness +1 more

Case Brief

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Parties

Sandra Parris

Plaintiff (respondent)

Derrick Laidley

Defendant (appellant)

Gerald Laidley

Defendant (appellant)

ING Insurance Canada

Defendant (appellant)

Procedural Posture

Civil / Appeal From Summary Judgment (motion Judge Granted Summary Judgment on Implied Consent)

Legal Issues

  1. 1 Whether the motions judge was entitled to draw an adverse inference from the defendant's failure to make his son's evidence available
  2. 2 Whether the defendant rebutted the presumption of consent to drive the vehicle
  3. 3 Whether summary judgment on the issue of implied consent was appropriate without findings on credibility

Ratio Decidendi

The appeal is allowed because the motions judge erred by drawing an adverse inference without assessing the defendant's evidence and credibility and without satisfying the conditions required to justify such an inference; consequently summary judgment on implied consent was improper and must be dismissed.

Court Disposition

Appeal allowed; paragraph 1 of the formal order set aside; summary judgment motion dismissed.

Orders

  • Paragraph 1 of the formal order set aside and an order dismissing the summary judgment motion brought by ING substituted for paragraph 1.
  • Costs to the appellant fixed at $6,500 inclusive of disbursements and all applicable taxes.