DATE: 20041022

DOCKET: C41717

COURT OF APPEAL FOR ONTARIO

RE:

RICHARD CARLSTROM (Appellant (Plaintiff)) – and – PROFESSIONAL ENGINEERS ONTARIO, MICHAEL F. PHILIP, BERNARD MOYLE (Respondents (Defendants)) – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, (MINISTRY OF PUBLIC SAFETY AND SECURITY) (Respondents (Defendants))

BEFORE:

MOLDAVER, SHARPE JJ.A. and KILEEN J. (ad hoc)

COUNSEL:

Richard Charlstrom

In person

Renee A. Kopp

for the respondent Professional Engineers Ontario et al.

Bradley Phillips

for the respondent Her Majesty the Queen in Right of Ontario

and Michael F. Philip and Bernard Moyle

HEARD &

October 20, 2004

ENDORSED:

On appeal from the judgment of Justice Donald Cameron of the Superior Court of Justice dated February 20, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] For the reasons given by the motion judge, we agree that the appellant’s claim against the Association of Professional Engineers of Ontario (APEO) was properly struck out. Accordingly, the appeal as against APEO is dismissed with costs fixed at $3,500 inclusive of GST and disbursements.

[2] As for the appellant’s claim against Messrs. Philip & Moyle and Her Majesty the Queen in Right of Ontario (the Crown defendants), we are not satisfied that as pleaded, the claim makes out a cause of action that could potentially take it outside the reach of s. 7(1) of the Public Authorities Protection Act. Accordingly, we are satisfied that that aspect of the appellant’s claim was properly struck out as well.

[3] The appeal against the Crown defendants is therefore dismissed with costs fixed at $3,500 inclusive of GST and disbursements.

“M. J. Moldaver J.A.”

“Robert Sharpe J.A.”

“Gordon Killeen J. (ad hoc)”