Douglas O. Smith

The appellant appealed a trial judgment dismissing his claims in contract and negligence against the City of Toronto and its officials.

The Court of Appeal found no reversible error, deferring to the trial judge's findings that no contract was formed and that there was no negligence on the part of the City's officials.

The appeal was dismissed with costs.

The appellant estate appealed a trial judgment finding that the owner of a motor vehicle was not vicariously liable for a fatal accident.

The plaintiff, who had the owner's consent to possess the vehicle, fell asleep in the passenger seat.

The deceased driver, who did not have a license or the owner's consent, took control of the vehicle and crashed.

The Court of Appeal upheld the trial judge's finding that the plaintiff was not in possession of the vehicle at the time of the accident, as the driver had taken possession without consent.

The appeal was dismissed.