COURT OF APPEAL FOR ONTARIO

CITATION: Mallory v. Werkmann Estate, 2016 ONCA 76

DATE: 20160125

DOCKET: C58453

Doherty, Pepall and Benotto JJ.A.

BETWEEN

Robert Mallory

Plaintiff (Respondent)

and

The Estate of Gabor Werkmann, Deceased, Krisztian Nemes, Istivan Mihali

Defendants (Appellant)

and

Security National Insurance Company

Defendant (Respondent)

Eric D. Zeldin and John Marrese, for the defendants (appellant)

Suzanne Courtlander and David Silverstone, for the defendant (respondent)

Heard: January 21, 2016

On appeal from the judgment of Justice Myrna Lack, of the Superior Court of Justice, dated February 10, 2014.

APPEAL BOOK ENDORSEMENT

[1] In our view, this appeal comes down to a challenge to the trial judge’s finding of a “joint venture” by the appellant and two others to engage in a course of conduct involving repeated and dangerous violations of the Highway Traffic Act (para. 30).

[2] In our view, the trial judge properly instructed herself on the applicable law in respect of joint venture tort liability. She did not misapprehend the evidence and her finding of a joint venture is reasonable on the evidence. There is no basis upon which we can interfere.

[3] The appellant did not pursue the second ground of appeal (re the onus) in oral argument. In our view, there is no merit to that ground of appeal.

[4] The appeal is dismissed. Costs to the respondent (Security National Insurance Company) in the amount of $15,000 “all in” payable by the appellant.