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ARTICLE · 24 AUGUST 2023

Concurrent Duties Of Care: Case Et Al. v Pattison Et Al., 2023 ONCA 529

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The Ontario Court of Appeal released its decision on Aug. 8, 2023, setting aside the dismissal of the Town of Milton's (the Town) third-party claim against Milton Hydro.

CanadaLitigation, Mediation & Arbitration
Laura Day
Laura Day
Christine Kucey
Christine Kucey
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The Ontario Court of Appeal released its decision on Aug. 8, 2023, setting aside the dismissal of the Town of Milton's (the Town) third-party claim against Milton Hydro. The Court reviewed the proper legal analysis in negligence claims and held that the motions judge erred in her consideration of whether the Town's alleged negligence constituted an intervening act that completely broke the chain of causation. The Court remitted the third-party claim for trial alongside the main action, holding that the fact-finding required to determine if Milton Hydro was negligent required a full evidentiary record.

Background

The plaintiff was catastrophically injured when he was involved in a motor vehicle accident as a pedestrian on Jan. 20, 2015. He and his wife brought a claim against the driver of the vehicle, as well as the Town based on allegedly inadequate street lighting due to a missing streetlight. The Town commenced a third-party claim against Milton Hydro,

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