COURT OF APPEAL FOR ONTARIO
RE:
JANETE TOMSONE (Respondent) –and– VLADIMIR TOMSONE, RE/MAX ALL-STARS REALTY INC., RE/MAX CROSSROADS REALTY INC., ELENA DASHEVSKAYA (Appellants)
BEFORE:
CATZMAN, MOLDAVER AND GOUDGE JJ.A.
COUNSEL:
Melvin Rotman
for the appellant
No one appearing
for the respondent
HEARD & ENDORSED:
February 21, 2006
On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice, dated May 27, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The appellants base their appeal on the provisions of the Negligence Act, coupled with the submission that the actions of the respondents constituted an intentional rather than a negligent tort.
2In our view, the Negligence Act has no application to the circumstances of this case. Janete Tomsone’s cause of action was not in tort but was grounded on the provisions of rule 60.08(17) of the Rules of Civil Procedure, and the principles of contribution and indemnity under the Negligence Act are not engaged.
3The appeal is dismissed.