Mahoney v. Sokoloff

Mahoney v. Sokoloff

Summary judgment was properly granted because appellants failed to adduce any evidence establishing damages for the brothers' Family Law Act claims or damages from the delayed catastrophic designation, and the settlement plus retroactive catastrophic benefits negated any genuine issue for trial.

Citation
2015 ONCA 390
Parties
Plaintiff/appellant: Wayde Mahoney; Plaintiff/appellant: Kevin Mahoney; Plaintiff/appellant: Carol Mahoney; Plaintiff/appellant: Sean Mahoney; Plaintiff/appellant: Morgan Mahoney; Defendant/respondent: Wendy Sokoloff; Defendant/respondent: Sokoloff Lawyers
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 June 2015
Procedural Posture
Family / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Damages, Family Law Act Claims, Catastrophic Impairment, Costs
Source Language
English
Family Law Civil Procedure Insurance Personal Injury Summary Judgment Damages Family Law Act Claims Catastrophic Impairment +1 more

Case Brief

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Parties

Wayde Mahoney

Plaintiff/appellant

Kevin Mahoney

Plaintiff/appellant

Carol Mahoney

Plaintiff/appellant

Sean Mahoney

Plaintiff/appellant

Morgan Mahoney

Plaintiff/appellant

Wendy Sokoloff

Defendant/respondent

Sokoloff Lawyers

Defendant/respondent

Procedural Posture

Family / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the appellants established a genuine issue for trial regarding damages for proposed Family Law Act claims by the brothers
  2. 2 Whether the appellants established a genuine issue for trial that they suffered damages from the respondents' delayed application for catastrophic impairment benefits despite settlement and retroactive benefits

Ratio Decidendi

Summary judgment was properly granted because appellants failed to adduce any evidence establishing damages for the brothers' Family Law Act claims or damages from the delayed catastrophic designation, and the settlement plus retroactive catastrophic benefits negated any genuine issue for trial.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondents awarded costs of the appeal in the agreed amount of $7,500, inclusive of disbursements and all applicable taxes.