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Ontology: Ontario Court of Appeal allows a motion-to-strike appeal in part and grants leave to amend a negligence claim tied to Firearms Act licensing.
The court struck the plaintiffs’ negligence claim against BC Housing, holding the registrar owed no duty of care in licensing a builder under the Homeowner Protection Act.
The court held the RCMP owed no private law duty of care when releasing detainees from custody, so the negligence claim against the Minister was dismissed.
The Supreme Court of Canada held that Rankin’s Garage did not owe a duty of care to a passenger injured after a stolen car was crashed, because personal injury was not reasonably foreseeable on this record.
The Court held that, on the proven facts, the City owed a prima facie private law duty of care to the discrete group of Parkdale tenants because the statutory notice scheme combined with the City's specific interactions and commitments in the Parkdale Pilot Project created sufficient relational proximity, no residual policy reasons negated liability, and the City breached the standard of care by sending inadequate and untimely notices; appeal dismissed.
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On summary judgment the court found no genuine issue for trial because, on the undisputed facts, the employer-employee relationship did not give rise to a prima facie duty of care for ordinary negligence due to lack of proximity and strong residual policy considerations; the insurer is no better placed than the insured, and the policy on its face waived subrogation against insureds including employees, therefore the plaintiffs' subrogated tort claim against the employee had no real chance of success and was dismissed.
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The court dismissed a negligence claim against Delta police, finding no private duty of care to patrons before the assault and no actionable negligent investigation after it.
The court allowed amendments to plead duties of care against Transport Canada arising from aviation certification and oversight after a fatal helicopter crash.
The court struck a claim against an insurer-appointed doctor, finding no pleaded fiduciary or negligence duty and holding witness immunity applied.
The Court dismissed the appeal, concluding the trial judge did not err: no duty of care was owed on the facts; alternatively, if a duty arose the respondents took reasonable steps; and residual policy considerations would prevent imposing tort liability.
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