Court File and Parties

CITATION: Krishnan v. Kelseys International Inc., 2008 ONCA 658

DATE: 20080929

DOCKET: C48273

COURT OF APPEAL FOR ONTARIO

BEFORE: Moldaver, Armstrong and Blair JJ.A.

BETWEEN:

Heather Krishnan and Ravi Krishnan

Plaintiffs (Appellants)

and

Kelseys International Inc.

Defendant (Respondent)

COUNSEL:

Christopher J. Haber for the appellants

Jamie R. Pollack and Jason H. Goodman for the respondent

HEARD AND ENDORSED: September 25, 2008

On appeal from the judgment of Justice James H. Clarke of the Superior Court of Justice dated December 19, 2007.

APPEAL BOOK ENDORSEMENT

[1] With respect to the learned motion judge, we are of the view that the appellant’s claim in this action is a separate independent tort not arising in respect of the worker’s injury but instead, from the employer’s alleged negligent misrepresentation regarding the process to be followed in pursuing the claim.

[2] Accordingly, the appeal is allowed and the order dismissing the action is set aside.

[3] Costs of the motion and the appeal to the appellant fixed in the total amount of $7,500 plus G.S.T.