COURT OF APPEAL FOR ONTARIO
MacFarland, Rouleau and Watt JJ.A.
BETWEEN:
Candy Wong
Plaintiff/Appellant
and
Her Majesty the Queen in Right of the Province of Ontario and Home Trust Company
Defendants/Respondents
Roger A. Gosbee, for the appellant
Edmund Huang, for the respondent
Heard and endorsed: December 15, 2009
On appeal from the order of Justice Ian A. MacDonnell of the Superior Court of Justice dated May 12, 2009.
APPEAL BOOK ENDORSEMENT
1The appellant submits that the Statement of Claim can be read as making a claim for negligent investigation.
2As noted by the motion judge the words “negligent investigation” do not appear in the Statement of Claim and no facts are pleaded which could support such a claim. Accordingly we agree with the motion judge that the Statement of Claim does not disclose any reasonable cause of action against the Crown. The appeal is dismissed. Partial indemnity costs to the respondent fixed in the sum of $3,500.00 inclusive of disbursements and GST.