Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33264
Rick Laudon v. Will Roberts, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-01-22 | Close file on Leave | |
| 2010-01-18 | Certificate of taxation issued to, François Baril | |
| 2009-12-31 | Decision on the bill of costs, in the amount of $1,753.66, Reg | |
| 2009-12-31 | Submission of the bill of costs, Reg | |
| 2009-11-25 | Response to the bill of costs, Completed on: 2009-11-25 | Rick Laudon |
| 2009-11-20 | Bill of costs, Completed on: 2010-01-22 | Keith Sullivan |
| 2009-11-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-11-06 | Judgment on leave sent to the parties | |
| 2009-11-05 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Ontario Trial Lawyers Association is dismissed and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48648, 2009 ONCA 383, dated May 7, 2009, is dismissed with costs to the respondent Keith Sullivan. Dismissed, with costs |
|
| 2009-11-05 |
Decision on motion for leave to intervene, See judgment. Dismissed |
|
| 2009-10-05 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-10-05 | Submission of motion for leave to intervene, CJ Abe Ro | |
| 2009-09-14 | Response to the motion for leave to intervene, Completed on: 2009-09-15 | Keith Sullivan |
| 2009-09-14 | Response to the motion for leave to intervene, Completed on: 2009-09-15 | Rick Laudon |
| 2009-09-04 | Motion for leave to intervene, (revised notice served and filed Sept-04-09), Completed on: 2009-09-04 | Ontario Trial Lawyers Association |
| 2009-09-04 | Book of authorities | Keith Sullivan |
| 2009-09-04 | Respondent's response on the application for leave to appeal, Service on respondent missing - Rec'd on Sept. 8, 2009, Completed on: 2009-09-08 | Keith Sullivan |
| 2009-08-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-08-06 | Application for leave to appeal, Completed on: 2009-08-11 | Rick Laudon |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Laudon, Rick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Roberts, Will | Respondent | Active |
| Sullivan, Keith | Respondent | Active |
Counsel
Party: Laudon, Rick
Counsel
100 - 151 Ferris Lane
Barrie, Ontario
L4M 6C1
Telephone: (705) 792-7887
FAX: (705) 792-0998
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Roberts, Will
Counsel
20 - 556 Bryne Drive
P.O. Box 548
Barrie, Ontario
L4M 4T7
Telephone: (705) 722-4400
FAX: (705) 722-0704
Email: tchadderton@chcbarristers.com
Party: Sullivan, Keith
Counsel
Linda Matthews
214 King Street West
Suite 402
Toronto, Ontario
M5H 3S6
Telephone: (416) 593-5400
FAX: (416) 595-5400
Email: mforget@fmlaw.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8804
FAX: (613) 563-9869
Email: francois.baril@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Damages - Compensatory damages - Torts - Negligence - Mary Carter agreements - Plaintiff entering into settlement agreement with one of two defendants - Trial judge refusing to deduct amount paid to plaintiff under agreement from damages assessed by jury against non-settling defendant - Court of Appeal allowing appeal and dismissing action against non-settling defendant - Whether settlement funds pursuant to Mary Carter agreement offend double recovery rule - Whether settlement funds pursuant to Mary Carter agreement constitute exception to double recovery rule similar to “insurance exception”.
The plaintiff commenced an action against Will Roberts and Keith Sullivan after he was injured in a boating accident. The plaintiff settled the claim against Roberts. The case proceeded to trial and a jury assessed the plaintiff’s damages. The trial judge refused to deduct the amount paid to the plaintiff by Roberts under the “Mary Carter” agreement from the damages award. The Court of Appeal allowed Sullivan’s appeal and issued a judgment dismissing the action against Sullivan and awarding him his costs of the trial against the plaintiff.
Lower court rulings
Ontario Superior Court of Justice
02-B5188
Plaintiff Laudon awarded judgment against defendant Sullivan
Court of Appeal for Ontario
C48648, 2009 ONCA 383
Appeal allowed and judgement set aside; judgment issued dismissing action against defendant Sullivan and awarding him his cost of the trial against the plaintiff
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available