Court Of Appeal Summaries (July 3 – 6)

As expected at this time of year, it was a quiet week at the Court of Appeal for Ontario.

There were only two substantive civil decisions. In Da Silva v Gomes, the motion judge had dismissed, by way of summary judgment, a claim against a soccer club, its representatives, and its governing association for allegedly failing to prevent a player from assaulting another player during a game. The Court of Appeal upheld the lower court's decision, as there was no evidence to suggest that the assault was reasonably foreseeable. Supervising authorities are not legally responsible for sudden, unexpected events that occur during an acceptable and safe activity.

In Manorgate Estate Inc. v Kirkor Architects and Planners, a builder entered into a design agreement with an architect that contained an entire agreement clause. The builder alleged that it entered into the agreement on the basis of misrepresentations by the architect as to the anticipated costs of the project. The project exceeded budget and the builder sued the architect. The motion judge dismissed the claim by way of summary judgment on the basis of the entire agreement clause, which excluded claims in respect of any representations not contained in the agreement. The Court of Appeal upheld the motion judge's decision and dismissed the appeal.

There were several criminal decisions released this week, together with an Ontario Review Board decision and a decision quashing an appeal in a child custody case for want of jurisdiction.

Table of Contents

Da Silva v Gomes, 2018 ONCA 610

Keywords: Torts, Negligence, Occupiers Liability, Civil Procedure, Summary Judgment, Occupiers Liability Act,RSO 1990, c 0 2

Manorgate Estates Inc. v Kirkor Architects and Planners, 2018 ONCA 617

Keywords: Contracts, Misrepresentation, Entire Agreement Clauses, Contratual Interpretation, Standard of Review, Sattva Capital Corp. v Creston Moly Corp., 2014 SCC 53, Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co., 2016 SCC 37

For short civil decisions click here

For criminal decisions click here

Da Silva v Gomes, 2018 ONCA 610

[Epstein, Lauwers and van Rensburg JJA]

Counsel:

D D'Urzo, for the appellants

K Kwinter, for the respondents other than BG

Keywords: Torts, Negligence, Occupiers Liability, Civil Procedure, Summary Judgment, Occupiers Liability Act,RSO 1990, c 0 2

Facts:

In the course of a soccer game, BG punched MDS. BG was criminally convicted for the assault. MDS was injured and he and his family brought their claims under the Family Law Act, RSO 1990, c F 3, against BG, the Hamilton Sparta Sports Club for which BG played, the Ontario Soccer Association Incorporated, under whose auspices the game was played, and several other associated individuals.

The motion judge granted summary judgment dismissing the action against the respondents other than BG. The plaintiffs appealed.

Issues:

(1) Did the motion judge err in finding that the respondents were not negligent in their supervision of the game, and breached several standards of care, including the standard for coaches, for on-field supervision and for player conduct?

(2) Did the motion judge err in finding that the respondents were not liable under the Occupiers Liability Act,RSO 1990, c 02 for failing to ensure that the playing field was safe?

(3) Did the motion judge err in finding that these arguments on the evidence did not raise genuine issues requiring a trial?

Holding: Appeal dismissed.

Reasoning:

(1) No. The appellants have not shown that the motion judge...