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.
38140
Municipal Corporation of the Town of Fort Erie v. Wanda Labanowicz
(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) |
|---|---|---|
| 2019-05-07 | Close file on Leave | |
| 2019-05-07 | Correspondence received from, the respondent. Costs have been settled between the parties, notice of taxation and bill of costs are no longer required. | Wanda Labanowicz |
| 2019-02-14 | Bill of costs, (Letter Form), Completed on: 2019-02-14 | Wanda Labanowicz |
| 2019-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-11 | Judgment on leave sent to the parties | |
| 2019-01-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63405, 2018 ONCA 343, dated April 10, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-11-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-16 | Applicant's reply to respondent's argument, (Letter Form), Original rec'd 2018/08/21, Completed on: 2018-08-16 | Municipal Corporation of the Town of Fort Erie |
| 2018-08-07 | Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2018/08/09 | Wanda Labanowicz |
| 2018-08-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-08-07 | Wanda Labanowicz |
| 2018-06-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018/06/06 | |
| 2018-06-05 | Certificate (on limitations to public access), (Letter Form) | Municipal Corporation of the Town of Fort Erie |
| 2018-06-05 | Notice of name, (Letter Form) | Municipal Corporation of the Town of Fort Erie |
| 2018-06-05 | Application for leave to appeal, (Book Form), (2 volumes), 1 copy missing-rec'd 2018/06/06, Completed on: 2018-06-06 | Municipal Corporation of the Town of Fort Erie |
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 |
|---|---|---|
| Municipal Corporation of the Town of Fort Erie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Labanowicz, Wanda | Respondent | Active |
Counsel
Party: Municipal Corporation of the Town of Fort Erie
Counsel
John Hunter
Bay Adelaide Centre, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6000
FAX: (416) 367-6749
Email: kmcgivney@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Labanowicz, Wanda
Counsel
151 Yonge Street
Suite 1500
Toronto, Ontario
M5C 2W7
Telephone: (416) 777-5404
FAX: (888) 497-8644
Email: lmerritt@torkinmanes.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelliganlaw.ca
Summary
Keywords
Torts — Duty of Care — Occupier’s liability — Municipalities — Recreational use of land — Whether interpretation of “reckless disregard” applicable across Canada in legislation determining occupiers’ liability for premises where users willingly assume their own risk, including recreational trails, improperly lowers standard to simple negligence contrary to legislative intent — Whether interpretation of “reckless disregard” creates inconsistent jurisprudence and uncertainty for occupiers?
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.
On July 31, 2006, Ms. Labanowicz was riding a bicycle on a trail in Fort Erie. Where the trail intersected roads, the Town had installed bollards. A wooden post had been removed from one of the bollards, leaving its metal sleeves exposed. Ms. Labanowicz’s bicycle struck the sleeves and she flew off her bicycle. She suffered injuries. The trial judge found the Town of Fort Erie liable pursuant to s. 4(1) of the Occupiers Liability Act, R.S.O. 1990, c. O.2, and awarded $995,000 in damages and interest. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-08-359836, 2016 ONSC 630
Finding of liability, damages awarded
Court of Appeal for Ontario
C63405, 2018 ONCA 343
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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