Haley v. Stepan Canada Inc.

Haley v. Stepan Canada Inc.

The motion judge correctly concluded the respondents had discharged their burden on the summary judgment motion by adducing unchallenged evidence that the premises were inspected and no hazards existed, and the appellant failed to raise a genuine issue requiring trial because his expert's opinion relied on statements inconsistent with his discovery evidence; accordingly the appeal was dismissed.

Citation
2020 ONCA 737
Parties
Appellant/plaintiff: Patrick J. Haley; Respondent/defendant: Stepan Canada Inc.; Respondent/defendant: Chemical Developments of Canada Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 November 2020
Procedural Posture
Civil / Appeal From Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Occupier's Duty, Evidence, Expert Opinion, Onus of Proof, Costs
Source Language
English
Torts Occupiers' Liability Civil Procedure Summary Judgment Occupier's Duty Evidence Expert Opinion Onus of Proof +1 more

Case Brief

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Parties

Patrick J. Haley

Appellant/plaintiff

Stepan Canada Inc.

Respondent/defendant

Chemical Developments of Canada Limited

Respondent/defendant

Procedural Posture

Civil / Appeal From Summary Judgment Dismissal

Legal Issues

  1. 1 Whether the motion judge reversed the onus on the summary judgment motion
  2. 2 Whether there was a genuine issue requiring a trial
  3. 3 Whether the motion judge was obliged to accept the appellant's expert opinion

Ratio Decidendi

The motion judge correctly concluded the respondents had discharged their burden on the summary judgment motion by adducing unchallenged evidence that the premises were inspected and no hazards existed, and the appellant failed to raise a genuine issue requiring trial because his expert's opinion relied on statements inconsistent with his discovery evidence; accordingly the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Respondents awarded partial indemnity costs of $6,000 inclusive of disbursements and applicable taxes.