Court File and Parties
CITATION: Horychuk v. O’Brien, 2024 ONSC 1146
DIVISIONAL COURT FILE NO.: 23-352 - ML
DATE: 20240228
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: LANDEN O’BRIEN, A MINOR BY HIS LITIGATION GUARDIAN, KATHERINE O’BRIEN, and THE SAID KATHERINE O’BRIEN, Plaintiffs
AND:
ROBERT HORYCHUK, ENTERPRISE RENT-A-CAR CANADA COMPANY, BRADY O’HANLEY, MINISTRY OF TRANSPORTATION AND CARILLION CANADA Defendants
AND BETWEEN:
RE: EDWIN ARTHUR SEVERANCE, SHANNON RAE SEVERANCE, KENNEDY JENNIFER SEVERANCE by her litigation guardian, shannon rae severance and edwina SEVERANCE, Plaintiffs
and:
BRADY O’HANLEY, KATHERINE ANNE O’BRIEN, ROBERT HORYCHUK, ENTERPRISE RENT-A-CAR CANADA COMPANY, MINISTRY OF TRANSPORTATION AND CARILLION CANADA Defendants
BEFORE: RSJ Edwards, Sachs and Davies JJ.
COUNSEL: Ian D. Kirby, for the Defendants/Moving Parties, Robert Horychuk and Enterprise Rent-A-Car Canada Company
Todd M. Wasserman, for the Defendant/Responding Party Ministry of Transportation
HEARD: in writing
Endorsement
[1] The motion for leave to appeal the order of Nieckarz J., dated May 4, 2023 is allowed on the following questions:
Does the Court have jurisdiction to compel His Majesty the King, represented by the Ministry of Transportation for the Province of Ontario, to answer questions on examinations for discovery with respect to claims brought under the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P. 50?
If the answer to question 1 is “no”, has His Majesty the King, represented by the Ministry of Transportation for the Province of Ontario, attorned to the jurisdiction of the Superior Court of Justice by its conduct in defending the claims at issue in these proceedings?
[2] The costs of this motion for leave to appeal are reserved to the panel hearing the appeal.
RSJ Edwards
Sachs J.
Davies J.
Released: February 28, 2024