2 total
Appeal allowed; complex legal issues require a full factual record, precluding Rule 21 determination.
The appellant appealed a Rule 21 motion decision that determined complex legal questions regarding contribution and indemnity under section 1 of the Negligence Act in the context of a contractual limitation of liability.
The Court of Appeal allowed the appeal and set aside the motions judge's order, finding that the novel and complex legal issues required a full factual record and should not have been determined before trial.
Complex legal issues regarding contribution and indemnity under the Negligence Act should not be determined on a Rule 21 motion.
The appellant appealed an order determining two questions of law on a Rule 21 motion before trial.
The underlying action involved a claim for $10,000,000 in damages for a failed roof at Terminal 3 of Pearson International Airport.
The respondents sought to determine whether a $250,000 limitation of liability clause in the architect's contract affected their claims for contribution and indemnity under the Negligence Act.
The Court of Appeal allowed the appeal, holding that the legal issues were novel, complex, and required a full factual record, making them inappropriate for determination on a Rule 21 motion.
