Court File and Parties

Court of Appeal for Ontario Date: 20220923 Docket: C70206

van Rensburg, Pardu and Copeland JJ.A.

Between

2748355 Canada Inc., Bentall Kennedy, Bentall Kennedy (Canada) Limited Partnership Applicants (Appellants)

and

Aviva Insurance Company of Canada Respondent (Respondent in Appeal)

Counsel: Steven Carlstrom and George Poirier, for the appellants Dennis Ong, for the respondent

Heard: September 23, 2022

On appeal from the judgment of Justice S.J. Woodley of the Superior Court of Justice, dated December 1, 2021.

Appeal Book Endorsement

[1] The appeal is dismissed.

[2] We see no error in the application judge’s conclusion that Proturf was an essential party to the application. An essential step in determining the coverage dispute in this case would involve determining whether an implied contract existed between the appellants and Proturf at the time of the alleged trip and fall. Such a ruling would affect Proturf’s interests. Procedural fairness requires that Proturf be a party to any determination of this coverage dispute, even if, as the appellants argued, the appellants claimed no relief against Proturf.

[3] The appellants shall pay costs of the appeal to the respondent in the amount of $20,000, inclusive of disbursements and taxes.

“K. van Rensburg J.A.”

“G. Pardu J.A.”

“J. Copeland J.A.”