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Good afternoon.

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 project exceeded budget and the builder sued the architect. The motion judge dismissed the claim by way of summary judgment on the basis of the entire agreement clause, which excluded claims in respect of any representations not contained in the agreement. The Court of Appeal upheld the motion judge’s decision and dismissed the appeal.

Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (JULY 3-6)