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.
40939
Milton Hydro Distribution Inc. v. Corporation of the Town of Milton
(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) |
|---|---|---|
| 2025-01-31 | Close file on Leave | |
| 2025-01-31 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-01-30 | Certificate of taxation issued to, Charles M.K. Loopstra, K.C. | |
| 2025-01-30 | Decision on the bill of costs, in the amount of $1,146.60, Reg | |
| 2025-01-30 | Submission of the bill of costs, Reg | |
| 2024-05-08 | Bill of costs, Completed on: 2024-11-13 | Corporation of the Town of Milton |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
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 C70905, 2023 ONCA 529, dated August 8, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-11-23, (Printed version filed on 2023-11-21) | Milton Hydro Distribution Inc. |
| 2023-11-09 | Certificate (on limitations to public access), 23A | Corporation of the Town of Milton |
| 2023-11-09 | Notice of name, (Letter Form), (Printed version filed on 2023-11-10) | Corporation of the Town of Milton |
| 2023-11-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-23, (Printed version filed on 2023-11-10) | Corporation of the Town of Milton |
| 2023-10-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-10-12 | |
| 2023-10-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-10) | Milton Hydro Distribution Inc. |
| 2023-10-10 | Notice of name, (Letter Form), (Printed version filed on 2023-10-10) | Milton Hydro Distribution Inc. |
| 2023-10-10 | Application for leave to appeal, (Book Form), Completed on: 2023-10-10, (Printed version filed on 2023-10-10) | Milton Hydro Distribution Inc. |
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 |
|---|---|---|
| Milton Hydro Distribution Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the Town of Milton | Respondent | Active |
Counsel
Party: Milton Hydro Distribution Inc.
Counsel
Julie Rosenthal
Kirby Cohen
Bay Adelaide Centre
333 Bay Street, Suite 3400
Toronto, Ontario
M5H 2S7
Telephone: (416) 597-4264
FAX: (416) 979-1234
Email: amark@goodmans.ca
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Corporation of the Town of Milton
Counsel
Paul E.F. Martin
135 Queens Plate Drive
Suite 600
Toronto, Ontario
M9W 6V7
Telephone: (416) 748-4755
FAX: (416) 746-8319
Email: cloopstra@loonix.com
Summary
Keywords
Torts — Negligence — Duty of care — Consideration of duty of care and causation elements in the negligence analysis — Third party claim — Court of Appeal held that the motion judge’s legal analysis was flawed and confused the duty of care and causation analyses —Whether the case law is inconsistent?
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.
The main action concerns a streetlight that was removed and not replaced that is alleged to have contributed to an accident at night between a ‘jaywalking’ pedestrian plaintiff and a defendant motorist. The Town of Milton (“Town”) is a defendant on account that it is the road authority for the street in question. The Town denied liability to the plaintiff. As the injured plaintiff did not sue Milton Hydro, the Town brought a third-party claim seeking contribution and indemnity for negligently removing the street light. Milton Hydro defended and denied removing the street light. The applicant, Milton Hydro, and the respondent, the Town, brought competing motions for summary judgment. The motion judge allowed Milton Hydro’s motion for summary judgment and dismissed the third-party claim. The Court of Appeal allowed the Town’s appeal, set aside the dismissal of the third-party claim, and remitted the third-party claim for trial with the main action.
Lower court rulings
Ontario Superior Court of Justice
CV-15-2819-00A1
Milton Hydro’s motion for summary judgment allowed and third-party claim dismissed
Court of Appeal for Ontario
2023 ONCA 529, C70905
Appeal allowed, dismissal of third-party claim set aside, and third-party claim remitted for trial with the main action
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