Tomsone v. Tomsone
The Negligence Act has no application because the plaintiff's cause of action was not in tort but was grounded on rule 60.08(17) of the Rules of Civil Procedure; consequently contribution and indemnity under the Negligence Act are not engaged and the appeal is dismissed.
Source-derived case information.
- Citation
- C43801
- Parties
- Respondent: Janete Tomsone; Appellant: Vladimir Tomsone; Appellant: RE/MAX All-Stars Realty Inc.; Appellant: RE/MAX Crossroads Realty Inc.; Appellant: Elena Dashevskaya
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 February 2006
- Procedural Posture
- Civil Appeal / Appeal From Superior Court of Justice (judgment Under Review)
- Outcome
- Appeal dismissed.
- Legal Topics
- Negligence Act, Contribution and Indemnity, Rule 60.08(17) of the Rules of Civil Procedure, Intentional Tort
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janete Tomsone
Respondent
Vladimir Tomsone
Appellant
RE/MAX All-Stars Realty Inc.
Appellant
RE/MAX Crossroads Realty Inc.
Appellant
Elena Dashevskaya
Appellant
Procedural Posture
Civil Appeal / Appeal From Superior Court of Justice (judgment Under Review)
Legal Issues
- 1 Whether the Negligence Act applies to the dispute
- 2 Whether the defendants' actions constituted an intentional tort rather than negligence
- 3 Whether principles of contribution and indemnity under the Negligence Act are engaged
Ratio Decidendi
The Negligence Act has no application because the plaintiff's cause of action was not in tort but was grounded on rule 60.08(17) of the Rules of Civil Procedure; consequently contribution and indemnity under the Negligence Act are not engaged and the appeal is dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Tomsone v. Tomsone Collection Decisions of the Court of Appeal Date 2006-02-22 Docket numbers C43801 Judges Catzman, Marvin Adrian; Moldaver, Michael James; Goudge, Stephen Thomas Subject Civil Decision Content DATE: 20060221 DOCKET: C43801 COURT OF APPEAL FOR ONTARIO RE: JANETE TOMSONE (Respondent) –and– VLADIMIR TOMSONE, RE/MAX ALL-STARS REALTY INC., RE/MAX CROSSROADS REALTY INC., ELENA DASHEVSKAYA (Appellants) BEFORE: CATZMAN, MOLDAVER AND GOUDGE JJ.A. COUNSEL: Melvin Rotman for the appellant No one appearing for the respondent HEARD & ENDORSED: February 21, 2006 On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice, dated May 27, 2005 made at Toronto, Ontario. APPEAL BOOK ENDORSEMENT [1] The appellants base their appeal on the provisions of the Negligence Act, coupled with the submission that the actions of the respondents constituted an intentional rather than a negligent tort. [2] In our view, the Negligence Act has no application to the circumstances of this case. Janete Tomsone’s cause of action was not in tort but was grounded on the provisions of rule 60.08(17) of the Rules of Civil Procedure, and the principles of contribution and indemnity under the Negligence Act are not engaged. [3] The appeal is dismissed.