Court of Appeal for Ontario

Date: 2019-04-02 Docket: C65471

Judges: Simmons, Juriansz and Miller JJ.A.

Between

Anish Goyal and Chintan Zankat Plaintiffs

and

Niagara College of Applied Arts and Technology Defendant (Appellant)

and

The Attorney General of Canada Third Party (Respondent)

Counsel

For the Appellant: John Field and Dianne Jozefacki

For the Respondent: Negar Hashemi and Susan Gans

Hearing and Lower Court Decision

Heard: April 1, 2019

On appeal from: The order of Justice Paul Perell of the Superior Court of Justice, dated April 30, 2018, with reasons reported at 2018 ONSC 2768.

Appeal Book Endorsement

[1] At paras. 59–62 of his reasons, the motion judge found Niagara College does not have a proximate relationship with Immigration Canada. We agree with the motion judge's conclusion and his reasoning on this issue.

[2] As the appellant has not provided details of interactions with Immigration Canada that would change this result, we agree with the motion judge's decision to strike the appellant's claim in negligence for pure economic loss without leave to amend.

[3] Appeal is dismissed. Costs of the appeal are to the respondent on a partial indemnity scale fixed in the agreed upon amount of $10,000 inclusive of disbursements and applicable taxes.