As expected at this time of year, it was a quiet week at the
Court of Appeal for Ontario.
There were only two substantive civil decisions. In Da Silva
v Gomes, the motion judge had dismissed, by way of summary
judgment, a claim against a soccer club, its representatives, and
its governing association for allegedly failing to prevent a player
from assaulting another player during a game. The Court of Appeal
upheld the lower court's decision, as there was no evidence to
suggest that the assault was reasonably foreseeable. Supervising
authorities are not legally responsible for sudden, unexpected
events that occur during an acceptable and safe activity.
In Manorgate Estate Inc. v Kirkor Architects and
Planners, a builder entered into a design agreement with an
architect that contained an entire agreement clause. The builder
alleged that it entered into the agreement on the basis of
misrepresentations by the architect as to the anticipated costs of
the project. The
