Case information
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41966
Scott Ray, Kenworth Toronto Leasing Ltd., et al. v. Kalob Cadieux by his litigation guardian Lucie Saint-Phard, 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) |
|---|---|---|
| 2026-03-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-15) | Scott Ray, Kenworth Toronto Leasing Ltd. |
| 2025-10-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-10-15, (Printed version filed on 2025-10-15) | Scott Ray, Kenworth Toronto Leasing Ltd. |
| 2025-10-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2025-10-06) | Kalob Cadieux by his litigation guardian Lucie Saint-Phard |
| 2025-10-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-06, (Electronic version filed on 2025-10-06) | Kalob Cadieux by his litigation guardian Lucie Saint-Phard |
| 2025-10-02 | Notice of name, (Letter Form), (Printed version filed on 2025-10-03) | City of Ottawa |
| 2025-10-02 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-10-03) | City of Ottawa |
| 2025-10-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-03, (Printed version filed on 2025-10-03) | City of Ottawa |
| 2025-09-04 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-09-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-09-04) | Scott Ray, Kenworth Toronto Leasing Ltd. |
| 2025-09-03 | Notice of name, (Letter Form), (Printed version filed on 2025-09-04) | Scott Ray, Kenworth Toronto Leasing Ltd. |
| 2025-09-03 |
Application for leave to appeal, (Book Form), Missing Signed copy CA Orders (Rec'd 2025-12-04) Proof of Service (Rec'd 2025-09-04), Completed on: 2025-09-04, (Printed version filed on 2025-09-04) |
Scott Ray, Kenworth Toronto Leasing Ltd. |
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 |
|---|---|---|
| Scott Ray, Kenworth Toronto Leasing Ltd. | Applicant | Active |
| United Petroleum Transport Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kalob Cadieux by his litigation guardian Lucie Saint-Phard | Respondent | Active |
| Lucie Saint-Phard personally, and Jakin Cadieux by his litigation guardian Lucie Saint-Phard | Respondent | Active |
| Cadieux, Patrick | Respondent | Active |
| City of Ottawa | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ontario Trial Lawyers Association | Intervener | Active |
Counsel
Party: Scott Ray, Kenworth Toronto Leasing Ltd.
Counsel
Patrick M. Essig
100 Simcoe Street
Suite 500
Toronto, Ontario
M5H 3G2
Telephone: (416) 362-5005
FAX: (416) 362-5289
Email: dzuber@zubco.com
Party: United Petroleum Transport Ltd.
Counsel
Patrick M. Essig
100 Simcoe Street
Suite 500
Toronto, Ontario
M5H 3G2
Telephone: (416) 362-5005
FAX: (416) 362-5289
Email: dzuber@zubco.com
Party: Kalob Cadieux by his litigation guardian Lucie Saint-Phard
Counsel
Darcy R. Merkur
Robert M. Ben
390 Bay Street
Suite 3100
Toronto, Ontario
M5H 1W2
Telephone: (416) 868-3100
FAX: (416) 868-3134
Email: ifurlong@thomsonrogers.com
Party: Lucie Saint-Phard personally, and Jakin Cadieux by his litigation guardian Lucie Saint-Phard
Counsel
Darcy R. Merkur
Robert M. Ben
Ava Williams
390 Bay Street
Suite 3100
Toronto, Ontario
M5H 1W2
Telephone: (416) 868-3100
FAX: (416) 868-3134
Email: ifurlong@thomsonrogers.com
Party: Cadieux, Patrick
Counsel
Barristers & Solicitors
2 Queen Street, E., Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-1221
FAX: (416) 593-5437
Email: cempke@blaney.com
Party: City of Ottawa
Counsel
Isabelle Corbeil
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0122
FAX: (613) 563-9869
Email: stephanie.doucet@gowlingwlg.com
Agent
160 Elgin Street
Suite 1600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Ontario Trial Lawyers Association
Counsel
Elizabeth A. Quigley
150 Metcalfe Street
Suite 1604
Ottawa, Ontario
K2P 1P1
Telephone: (613) 567-4412
FAX: (613) 567-9751
Email: joseph.obagi@connollyobagi.com
Summary
Keywords
Torts — Negligence — Damages — What is the effect of a Pierringer agreement on non-settling defendants when one or more non-settling defendants are insolvent or otherwise unable to satisfy its share of a judgment — Effect of Pierringer agreements on the Negligence Act, R.S.O. 1990, c. N.1 and similar legislation in Canada — Whether the Negligence Act and similar legislation are complete codes that oust the equitable remedy of restitution.
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.
Two young boys who were passengers in the minivan driven by Patrick Cadieux were seriously injured when the van collided with a tractor-trailer driven by Scott Ray, an employee of United Petroleum Transport. Their combined damages exceed $14 million.
They settled their claim against the City of Ottawa for negligent design of the intersection through an agreement known as a Pierringer agreement. In multi-party lawsuits, Pierringer agreements allow a plaintiff to settle with one or more defendants and to continue the claim against the others. The other defendants would be liable only to the extent of their respective fault. In this case, the agreement set out that the statement of claim would be amended so that the non-settling defendants (Ray et.al. and Patrick Cadieux) would remain jointly and severally liable for the damages they caused but they would not be able to make a crossclaim for contribution and indemnity against Ottawa. The agreement provided that the trial judge could apportion liability.
The applicants (Ray, Kenworth and United Petroleum) opposed the motion to approve the settlement on the basis that they were potentially the only defendants with the financial means to satisfy a judgment as neither they nor Cadieux had sufficient insurance to cover the anticipated damages award and it was unlikely that he would be able to make up the difference. The settlement agreement was approved, and their subsequent appeal to the Ontario Court of Appeal was dismissed.
Lower court rulings
Motion to approve settlement agreement approved
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 613‑996‑7933 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
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