Case information
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37323
James Chadwick Rankin, carrying on business as Rankin's Garage & Sales v. J.J. by his Litigation Guardian, J.A.J., et al.
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-11-19 | Appeal closed | |
| 2018-11-22 | Correspondence received from, (Letter Form), Maia L. Bent. Parties have reached an agreement on costs and therefore, the respondents will not be filing a motion under rules 76 and/or 81. | J.J. by his Litigation Guardian, J.A.J. |
| 2018-11-05 | Correspondence (sent by the Court) to, the parties. Taxation file is put on hold. | |
| 2018-10-17 | Reply to the bill of costs, (Letter Form), Revised version served and filed electronically on 2018-10-17 and filed in paper on 2018-10-18., Completed on: 2018-10-17 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2018-10-15 | Response to the bill of costs, (Letter Form), Completed on: 2018-10-15 | J.J. by his Litigation Guardian, J.A.J. |
| 2018-10-11 | Correspondence received from, (Letter Form), Owen M. Rees. Mr. Benjamin Grant is agent for 3 of the respondents. | J.J. by his Litigation Guardian, J.A.J. |
| 2018-10-04 | Bill of costs, (Letter Form), Completed on: 2018-10-04 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2018-05-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-05-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-05-11 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C59523, 2016 ONCA 718, dated October 3, 2016, heard on October 5, 2017, is allowed and the claim against the appellant is dismissed with costs in this Court and in the courts below. Gascon and Brown JJ. dissent. Allowed, costs in this Court and courts below |
|
| 2017-10-20 | Transcript received, 113 pages | |
| 2017-10-05 | Judgment reserved OR rendered with reasons to follow | |
| 2017-10-05 |
Respondent's condensed book, (Book Form), Submitted in Court (14 copies) |
C.C. |
| 2017-10-05 |
Respondent's condensed book, (Book Form), Submitted in Court (14 copies) |
J.J. by his Litigation Guardian, J.A.J. |
| 2017-10-05 |
Appellant's condensed book, (Book Form), Submitted in Court (14 copies) |
James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-10-05 |
General proceeding, Questionnaire following the hearing concerning the publication ban |
C.C. |
| 2017-10-05 |
General proceeding, Questionnaire following the hearing concerning the publication ban |
J.J. by his Litigation Guardian, J.A.J. |
| 2017-10-05 |
General proceeding, Questionnaire following the hearing concerning the publication ban |
James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-10-05 |
Hearing of the appeal, 2017-10-05, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-10-03 |
Supplemental document, (Letter Form), Judgment- McErlean v. Sarel et al. 61 O.R. (2d) 396 [1987] O.J. No. 873 (to be included in the Condensed Book for oral argument) , Completed on: 2017-10-03 |
James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-09-25 | Notice of appearance, Mary Birdsell, Bryn Gray and Carole Piovesan will be present | Justice for Children and Youth |
| 2017-09-25 | Correspondence received from, Change in request for reserved seats to 6 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-09-25 | Notice of appearance, Jennifer Chapman and John Friendly will be present | C.C. |
| 2017-09-22 | Notice of appearance, Gavin MacKenzie and Brooke MacKenzie will be present | Ontario Trial Lawyers Association |
| 2017-09-22 | Correspondence received from, Requesting 4 tickets for reserved tickets | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-09-22 | Notice of appearance, Maia Bent, Cynthia Kuehl, Alfonso Campos Reales will appear | J.J. by his Litigation Guardian, J.A.J. |
| 2017-09-21 | Intervener's book of authorities, (Book Form), Completed on: 2017-09-22 | Justice for Children and Youth |
| 2017-09-21 | Intervener's factum, (Book Form), Completed on: 2017-09-22 | Justice for Children and Youth |
| 2017-09-20 | Correspondence received from, 5 reserved seats requested | J.J. by his Litigation Guardian, J.A.J. |
| 2017-09-20 | Notice of appearance, David Young, Kevin Bridel, Marie-France Major and Cory Giordano will be present at the hearing. | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-09-07 | Intervener's factum, (Book Form), Completed on: 2017-09-07 | Ontario Trial Lawyers Association |
| 2017-08-31 | Order on motion to extend time, (by WAGNER J.) | |
| 2017-08-31 | Order on motion for leave to intervene, (by WAGNER J.) | |
| 2017-08-31 |
Decision on motion to extend time, See order on motion for leave to intervene dated August 31, 2017., Wa Granted |
|
| 2017-08-31 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by Justice for Children and Youth for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to serve and file a motion for leave to intervene is granted. The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before September 21, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements resulting from its intervention. Granted |
|
| 2017-08-31 | Submission of motion to extend time, Wa | |
| 2017-08-31 | Submission of motion for leave to intervene, Wa | |
| 2017-08-30 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2017-08-30 | Justice for Children and Youth |
| 2017-08-23 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-08-23 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-08-23 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-08-23 | C.C. |
| 2017-08-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-08-23 | J.J. by his Litigation Guardian, J.A.J. |
| 2017-08-21 | Notice of name | Justice for Children and Youth |
| 2017-08-21 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2017-08-21 | Justice for Children and Youth |
| 2017-08-21 | Motion for leave to intervene, (Book Form), Completed on: 2017-08-21 | Justice for Children and Youth |
| 2017-08-21 |
Appeal hearing scheduled, 2017-10-05 Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-17 | Certificate (on limitations to public access), (Letter Form), 23B | C.C. |
| 2017-08-17 | Appeal perfected for hearing | |
| 2017-08-16 | Certificate (on limitations to public access), (Letter Form), 23A | C.C. |
| 2017-08-16 | Respondent's factum, (Book Form), Completed on: 2017-08-16 | C.C. |
| 2017-07-27 | Certificate of counsel (attesting to record), (Letter Form) | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Certificate (on limitations to public access), (Letter Form), 23B | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Certificate (on limitations to public access), (Letter Form), 23A | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Respondent's book of authorities, (Book Form), Completed on: 2017-07-27 | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Respondent's record, (Book Form), Completed on: 2017-07-27 | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Respondent's factum, (Book Form), Completed on: 2017-07-27 | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-27 | Order on motion for leave to intervene, (By Justice Wagner) | |
| 2017-07-27 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Ontario Trial Lawyers Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before September 7, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant’s request to serve and file a factum in reply to the intervener’s factum is denied. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements resulting from its intervention. Granted |
|
| 2017-07-27 | Submission of motion for leave to intervene, Wa | |
| 2017-07-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-14 | J.J. by his Litigation Guardian, J.A.J. |
| 2017-07-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-13 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-07-06 | Correspondence received from, (Letter Form), Caroline Etter by email; Motion does not contain any sensitive information. | Ontario Trial Lawyers Association |
| 2017-07-04 | Notice of name, (Letter Form) | Ontario Trial Lawyers Association |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04 | Ontario Trial Lawyers Association |
| 2017-06-21 | Order on motion to add or substitute parties, (BY MR. JUSTICE ROWE) | |
| 2017-06-21 |
Decision on motion to add or substitute parties, Row, UPON APPLICATION by the Appellant for an order pursuant to Rules 6 and 18(5) of the Rules of the Supreme Court of Canada, adding C.C. as a Respondent Party to the above appeal and extending the deadline to serve and file the Appellant’s documents on C.C. to June 7, 2017; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the style of cause shall be modified to reflect this change. The factum, record and book of authorities of C.C. shall be served and filed no later than August 16, 2017. Granted |
|
| 2017-06-21 | Submission of motion to add or substitute parties, Row | |
| 2017-06-07 | Motion to add or substitute parties, (Letter Form), Completed on: 2017-06-07 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Certificate (on limitations to public access), Form 23B | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Certificate (on limitations to public access), Form 23A | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Certificate of counsel (attesting to record) | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Appellant's book of authorities, (Book Form), 2 copies, Completed on: 2017-06-05 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Appellant's record, (Book Form), (4 volumes), 20 copies of vol. 1 and 2 copies of vol. 2 to 4, Completed on: 2017-06-05 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-06-05 | Appellant's factum, (Book Form), Completed on: 2017-06-05 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-04-10 | Notice of appeal, (Letter Form), Completed on: 2017-04-10, (Electronic version filed on 2017-04-10) | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-03-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 |
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 C59523, 2016 ONCA 718, dated October 3, 2016, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2017-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-01-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-01-23 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2017-01-16 | Certificate (on limitations to public access) | J.J. by his Litigation Guardian, J.A.J. |
| 2017-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Redacted copy received on 2017-02-21 (2 copies), Completed on: 2017-01-16 | J.J. by his Litigation Guardian, J.A.J. |
| 2016-12-01 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-12-01 | |
| 2016-11-29 | Notice of name | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2016-11-29 | Certificate (on limitations to public access) | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
| 2016-11-29 | Application for leave to appeal, (Book Form), Redacted copy received on 2017-02-15 (2 copies), Completed on: 2016-11-29 | James Chadwick Rankin, carrying on business as Rankin's Garage & Sales |
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 |
|---|---|---|
| James Chadwick Rankin, carrying on business as Rankin's Garage & Sales | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.J. by his Litigation Guardian, J.A.J. | Respondent | Active |
| J.A.J. | Respondent | Active |
| A.J. | Respondent | Active |
| C.C. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ontario Trial Lawyers Association | Intervener | Active |
| Justice for Children and Youth | Intervener | Active |
Counsel
Party: James Chadwick Rankin, carrying on business as Rankin's Garage & Sales
Counsel
Kevin R. Bridel
Cory Giordano
250 Dundas Street West
Suite 800
Toronto, Ontario
M5T 2Z6
Telephone: (416) 977-9777 Ext: 134
FAX: (416) 977-1241
Email: dyoung@bensonpercival.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: J.J. by his Litigation Guardian, J.A.J.
Counsel
Alfonso E. Campos Reales
Cynthia B. Kuehl
85 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 640-6306
FAX: (519) 932-3306
Email: mbent@lerners.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: bgrant@conway.pro
Party: C.C.
Counsel
John Friendly
380 Wellington Street
16th Floor
London, Ontario
N6A 5B5
Telephone: (519) 679-0400
FAX: (519) 679-6350
Email: jchapman@bbo.on.ca
Agent
116 Lisgar Street
Suite 700
Ottawa, Ontario
K2P 0C2
Telephone: (613) 237-3448 Ext: 320
FAX: (613) 237-1413
Email: hbrodmann@bellbaker.com
Party: J.A.J.
Counsel
Alfonso E. Campos Reales
Cynthia B. Kuehl
85 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 640-6306
FAX: (519) 932-3306
Email: mbent@lerners.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: bgrant@conway.pro
Party: A.J.
Counsel
Alfonso E. Campos Reales
Cynthia B. Kuehl
85 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 640-6306
FAX: (519) 932-3306
Email: mbent@lerners.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: bgrant@conway.pro
Party: Ontario Trial Lawyers Association
Counsel
Brooke MacKenzie
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5576
FAX: (613) 702-5560
Email: mpower@juristespower.ca
Party: Justice for Children and Youth
Counsel
Bryn E. Gray
Suite 5300, TD Bank Tower
Box 48, 66 Wellington Street West
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: cpiovesan@mccarthy.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
None.
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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Torts — Negligence — Duty of Care — Motor vehicles — Minors —Teenagers consuming alcohol and marijuana, trespassing on commercial garage lot and stealing car — Single car crash causing catastrophic brain injury to passenger — Whether property owners owe duty of care to trespassers and thieves injured during commission of crime — Whether trespassing teenagers are owed enhanced duty of care by virtue of status as minors — Whether duty of care is negated when teenagers participate in criminal activity
Two teenage boys, under the influence of alcohol and marijuana, trespassed on the property of a commercial garage and stole an unlocked car in which the keys had been left in the ashtray. The boy driving the car crashed it, leaving the other boy with a catastrophic brain injury. Through his litigation guardian and parents, the injured boy sued the owner of the garage, the driver, and the driver’s mother (for having supplied some of the alcohol and for having failed to supervise the boys) for negligence, claiming that they all owed the injured boy a duty of care.
The trial judge found that the garage owner owed the injured boy a duty of care, and instructed the jury accordingly. The jury returned a verdict finding all parties negligent, and the injured boy himself contributorily negligent. It apportioned liability as follows: garage owner 37%; driver’s mother 30%; driver 23%; and injured boy 10%. The Court of Appeal dismissed the garage owner’s appeal, finding that the trial judge did not err in finding a duty of care and did not err in her instructions to the jury; nor was the jury’s verdict unreasonable.
Lower court rulings
Ontario Superior Court of Justice
58480
Applicant found partially liable for injury to respondent
Court of Appeal for Ontario
C59523, 2016 ONCA 718
Appeal by applicant – dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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.
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