Isaac Estate v. Matuszynska

Isaac Estate v. Matuszynska

Given the evidentiary record the motion judge reasonably found on a palpable and overriding error standard that the deceased initiated an aggressive confrontation, Lafontaine reacted in seconds fearing for his and his passengers' safety, the emergency doctrine therefore applied lowering the applicable standard of care, Lafontaine was not negligent, there was no genuine issue requiring trial, and summary judgment dismissing the action and the costs awards were appropriate and are upheld on appeal.

Citation
2018 ONCA 177
Parties
Plaintiff (appellant): Judith Isaac as Estate Trustee of the Estate of Glen Michael Isaac, deceased; Plaintiff (appellant): Judith Isaac in her personal capacity; Plaintiff (appellant): Darren Isaac; Plaintiff (appellant): Desiree Chretien; Plaintiff (appellant): Alysha Bassinette by her litigation guardian Judith Isaac; Plaintiff (appellant): Isabella Rose Wood by her litigation guardian Judith Isaac; Defendant (respondent): Ilona Irena Matuszynska; Defendant (respondent): Jean Lafontaine; Defendant (respondent): AXA Insurance (Canada); Third Party (respondent): State Farm Mutual Automobile Insurance Company
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 February 2018
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment and attendant costs orders upheld by majority; dissent would have allowed appeal and ordered trial
Legal Topics
Summary Judgment, Doctrine of Emergency, Negligence, Costs, Family Law Act Claims, Contributory Negligence, Foreseeability
Source Language
English
Tort Family Law Insurance Law Civil Procedure Summary Judgment Doctrine of Emergency Negligence Costs +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Judith Isaac as Estate Trustee of the Estate of Glen Michael Isaac, deceased

Plaintiff (appellant)

Judith Isaac in her personal capacity

Plaintiff (appellant)

Darren Isaac

Plaintiff (appellant)

Desiree Chretien

Plaintiff (appellant)

Alysha Bassinette by her litigation guardian Judith Isaac

Plaintiff (appellant)

Isabella Rose Wood by her litigation guardian Judith Isaac

Plaintiff (appellant)

Ilona Irena Matuszynska

Defendant (respondent)

Jean Lafontaine

Defendant (respondent)

AXA Insurance (Canada)

Defendant (respondent)

State Farm Mutual Automobile Insurance Company

Third Party (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the doctrine of emergency applied to Lafontaine's conduct
  2. 2 Whether summary judgment was appropriate given the record and credibility issues
  3. 3 Whether appellants should be personally liable for costs as FLA claimants

Ratio Decidendi

Given the evidentiary record the motion judge reasonably found on a palpable and overriding error standard that the deceased initiated an aggressive confrontation, Lafontaine reacted in seconds fearing for his and his passengers' safety, the emergency doctrine therefore applied lowering the applicable standard of care, Lafontaine was not negligent, there was no genuine issue requiring trial, and summary judgment dismissing the action and the costs awards were appropriate and are upheld on appeal.

Court Disposition

Appeal dismissed; summary judgment and attendant costs orders upheld by majority; dissent would have allowed appeal and ordered trial

Orders

  • Appeal dismissed
  • Summary judgment dismissing the appellants' action affirmed