The plaintiff was injured after striking a concrete curbstone on Steeles Avenue, the border between Toronto and Markham.
The plaintiff sued both municipalities, and Toronto cross-claimed against Markham.
The motion judge granted summary judgment dismissing the claims against Markham, finding Toronto had exclusive jurisdiction over the boulevard where the curbstone originated, and ordered Toronto to pay Markham's costs via a Sanderson order.
On appeal, the Court of Appeal upheld the summary judgment, confirming Toronto's exclusive jurisdiction and finding Markham owed no duty of care to Toronto.
However, the Court allowed the appeal on costs, finding a Sanderson order premature since Toronto's liability to the plaintiff had not yet been determined at trial.
