Case information
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33827
Corporation of the City of Burlington v. Marjory Arlene Cartner, 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) |
|---|---|---|
| 2010-12-23 | Close file on Leave | |
| 2010-12-22 | Discontinuance of the application for leave to appeal, (by fax) (service missing - rec'd by fax Dec. 23/10) | Corporation of the City of Burlington |
| 2010-11-22 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-11-05 | Book of authorities | Corporation of the City of Burlington |
| 2010-10-04 | Book of authorities | Marjory Arlene Cartner |
| 2010-10-04 | Respondent's response on the application for leave to appeal, Completed on: 2010-10-04 | Marjory Arlene Cartner |
| 2010-09-17 | Correspondence received from, Christine G. Carter, dated Sept.17/10, by fax, Re: Formal Order Form anticipating final order on Sept.24/10 | Corporation of the City of Burlington |
| 2010-09-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-09-03 | Application for leave to appeal, Final CA missing (Draft order form rec'd Sept.17-10) final rec`d Sept.24/10, Completed on: 2010-09-24 | Corporation of the City of Burlington |
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 |
|---|---|---|
| Corporation of the City of Burlington | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cartner, Marjory Arlene | Respondent | Active |
| Cartner, David | Respondent | Active |
| Feng Feng Wang and Ying Jia Huang | Respondent | Active |
Counsel
Party: Corporation of the City of Burlington
Counsel
121 King Street West, Suite 510
PO Box 105
Toronto, Ontario
M5H 3T9
Telephone: (416) 601-2707
FAX: (416) 601-1818
Email: carter@phmlaw.com
Party: Cartner, Marjory Arlene
Counsel
128 Hughson Street North
Hamilton, Ontario
L8R 1G6
Telephone: (905) 522-8002
FAX: (905) 777-1220
Email: rob@hooperlaw.ca
Party: Cartner, David
Counsel
128 Hughson Street North
Hamilton, Ontario
L8R 1G6
Telephone: (905) 522-8002
FAX: (905) 777-1220
Email: rob@hooperlaw.ca
Party: Feng Feng Wang and Ying Jia Huang
This party is not represented by counsel.
Summary
Keywords
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Summary
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Torts – Negligence – Causation – Sufficiency of evidence - Would it be in the public interest for this Court to set out principles for the application of the “but for test” and “material contribution test” to guide lower and provincial appellate courts in the proper application of these commonly used but often misapplied tests - Did the Court of Appeal err in law by making reference to Athey v. Leonati, [1996] 3 S.C.R. 458 and importing an element of the material contribution test, thereby failing to apply the “but for” test in a manner consistent with this Court’s approach in Resurfice Corp. v. Hanke, 2007 SCC 7, [2007] 1 S.C.R. 333.
The Respondent Mrs. Cartner slipped and fell on a sidewalk as she walked to work. It was found that she had slipped on a muddy concrete slurry substance that had pooled on the sidewalk just south of the Crystal Shoes Store property owned by Feng Feng Wang and Ying Jia Huang (the “Property Owners”). Mrs. Cartner and her husband commenced an action in damages against the Property Owners and the applicant City. She alleged, inter alia, that the Property Owners were liable in nuisance and/or negligence for washing concrete residue off their property with a hose, and that the City was liable for failing to meet its statutory duty to keep the sidewalk in a reasonable state of repair. The City denied there was any evidence of non-repair.
Lower court rulings
Ontario Superior Court of Justice
2008 CanLII 37900, 308/03
The City, Feng Feng Wang and Ying Jia Huang held jointly and severally liable in damages to Mr. and Mrs. Cartner for latter's fall on a municipal sidewalk
Court of Appeal for Ontario
C49307, 2010 ONCA 407
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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Downloadable PDFs
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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 613-996-8666 or at 1-844-365-9662.
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
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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 613-996-8666 or at 1-844-365-9662.
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
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