Court File and Parties
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
1With 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.
2Accordingly, the appeal is allowed and the order dismissing the action is set aside.
3Costs of the motion and the appeal to the appellant fixed in the total amount of $7,500 plus G.S.T.