Court of Appeal for Ontario

Citation: LeClair v. Ontario (Attorney General), 2009 ONCA 470

Date: 2009-06-10

Docket: C50105

Before: Moldaver, Armstrong and Epstein JJ.A.

Between:

Gilles LeClair and Julie Menard Appellants (Plaintiffs)

and

Her Majesty the Queen in Right of Ontario represented by the Attorney General for Ontario, and represented by the Solicitor General for Ontario (now the Minister of Community Safety and Correctional Services) Donna Eastwood, Ottawa Police Services Board, John Monette, Yasmine Ayroud and Susan Aitken Respondents (Defendants)

Counsel: Charles M. Gibson for the appellants Sara Blake for Her Majesty the Queen, respondents

Heard and endorsed: June 8, 2009

On appeal from the decision of Master Robert Beaudoin of the Superior Court of Justice dated July 3, 2008.

APPEAL BOOK ENDORSEMENT

[1] In his clear and comprehensive reasons, Master Beaudoin found that based on the s. 7 notice, the Crown could not "have reasonably anticipated … a claim of vicarious liability for persons acting under the authority or by the retainer of the Coroner’s Office". As he observed, "the Crown should not be left to guess what possible liability it might have in situations such as these".

[2] We agree with the Master’s conclusion. In our view, it accords with the principles set forth by this court in Mattick Estate v. Ontario (Minister of Health), 2001 CanLII 24086 (ON CA), [2001] O.J. No. 21.

[3] Accordingly, the appeal is dismissed.

[4] Costs to the respondent fixed at $6,000 inclusive of G.S.T. and disbursements.