Court File and Parties

Citation: Racette v. Santerre, 2008 ONCA 257

Date: 2008-04-07

Docket: C47171

Court of Appeal for Ontario

Laskin, Sharpe and MacFarland JJ.A.

Between:

Alexander Racette and Jocelyn Racette Plaintiffs (Appellants)

and

Andy Santerre, Don Dowdell, The Nordic Insurance Company of Canada, Brian Sypher, Ken Freose and Doane Raymond Defendants (Respondents)

Counsel:

Firaz Mohamed, Soliman A. Mangal and Zaid Sayeed for the appellants

Valerie A.E. Dyer for the respondents, Andy Santerre, Don Dowdell, The Nordic Company of Canada and Brian Sypher

V.R.P. Bersenas for the respondents, Doane Raymond and Ken Freose

Heard: April 1, 2008

On appeal from the judgment of Justice Robbie D. Gordon of the Superior Court of Justice, dated April 20, 2007.

Appeal Book Endorsement

[1] We did not call on the respondents concerning the proposed amendments to the claim alleging conspiracy and negligence. We agree with the motion judge’s conclusion that those amendments should be disallowed.

[2] On the proposed amendment to add the numbered company as a plaintiff, we are of the view that the motion judge had a proper basis to exercise his discretion to refuse the amendment. We see no reviewable error in his analysis of this issue at para. 16 of his reasons.

[3] Accordingly, the appeal is dismissed with costs to Nordic of $8,500, all inclusive, and to Doane Raymond of $8,500, all inclusive.