Johansson v. General Motors of Canada Ltd.

Johansson v. General Motors of Canada Ltd.

The written releases unambiguously barred claims against any person or corporation who might claim contribution or indemnity from the driver/insurer, GM falls within that class and may enforce the release as an intended third‑party beneficiary, GM met the summary judgment burden, and the passenger plaintiffs failed to show a real chance of success; accordingly summary judgment was required to dismiss their claims against GM.

Citation
2010 NSSC 274
Parties
Plaintiff (driver): Maria Johansson; Plaintiff (passenger): Steven Johansson; Plaintiff (passenger): Jody Johansson; Defendant/applicant: General Motors of Canada Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 July 2010
Procedural Posture
Civil Personal Injury/tort / Summary Judgment Application Under Civil Procedure Rules 13.01 and 13.04 (motion on the Evidence)
Outcome
Summary judgment granted for Defendant; claims of Steven Johansson and Jody Johansson dismissed against General Motors of Canada Limited.
Legal Topics
Summary Judgment, Release of Claims, Contribution and Indemnity, Third Party Beneficiary Enforcement, Interpretation of Settlement Releases
Source Language
English
Civil Procedure Tort Personal Injury Contract Release Insurance Law Third Party Beneficiary/privity Summary Judgment Release of Claims Contribution and Indemnity +2 more

Case Brief

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Parties

Maria Johansson

Plaintiff (driver)

Steven Johansson

Plaintiff (passenger)

Jody Johansson

Plaintiff (passenger)

General Motors of Canada Limited

Defendant/applicant

Procedural Posture

Civil Personal Injury/tort / Summary Judgment Application Under Civil Procedure Rules 13.01 and 13.04 (motion on the Evidence)

Legal Issues

  1. 1 Whether releases signed by passenger plaintiffs bar their claims against GM
  2. 2 Whether GM, a non-party to the releases, may enforce the releases as a third-party beneficiary
  3. 3 Whether plaintiffs have shown their claims have a real chance of success to avoid summary judgment

Ratio Decidendi

The written releases unambiguously barred claims against any person or corporation who might claim contribution or indemnity from the driver/insurer, GM falls within that class and may enforce the release as an intended third‑party beneficiary, GM met the summary judgment burden, and the passenger plaintiffs failed to show a real chance of success; accordingly summary judgment was required to dismiss their claims against GM.

Court Disposition

Summary judgment granted for Defendant; claims of Steven Johansson and Jody Johansson dismissed against General Motors of Canada Limited.

Orders

  • Summary judgment dismissing the claims of Steven Johansson against General Motors of Canada Limited.
  • Summary judgment dismissing the claims of Jody Johansson against General Motors of Canada Limited.