Lord et al. v. Downer et al., (1998) 66 O.T.C. 39 (GD)

• Judge: Granger, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 02, 1998
• Jurisdiction: Ontario
• Citations: (1998), 66 O.T.C. 39 (GD)

Lord v. Downer (1998), 66 O.T.C. 39 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. JL.118

Amanda Marie Lord, Nicola Joan Lord, Cameron James Westbury, minors by their Litigation Guardian Rolf Patrick Leigh Lord personally, Kathleen Jean Lord, Greta Joan Travis, Susan Patricia MacKay, Gina Marie Lord and Lisa Williams (plaintiffs) v. Miguel Ricardo Downer, Khary Adeen White, Yvonne White, Franklin White, Shelter Canadian Properties Ltd., 413730 Ontario Limited, Murrayfield Property Management Inc., Laurie Marchand and the Maritime Life Assurance Company (defendants)

(Court File No. 97 GD-40300)

Indexed As: Lord et al. v. Downer et al.

Ontario Court of Justice

General Division

Granger, J.

June 17, 1998.

Summary:

Lord was murdered in the underground parking garage where he lived. The plaintiffs brought Family Law Act claims against, inter alia, Maritime Life Assurance Co., the mortgagee in possession of Lord's building. They alleged that based on past criminal activity in the underground garage Maritime Life should have foreseen that criminal activity was likely and it did not take adequate steps to protect its tenants. The claims against Maritime Life were confined to punitive, exemplary and aggravated damages. Maritime Life moved to strike out the claims against it on the ground that it disclosed no reasonable cause of action or defence.

The Ontario Court (General Division) granted the motion. Claims for aggravated or punitive damages were not available under s. 61 of the Family Law Act.

Damages - Topic 905

Aggravation - General - Aggravated damages - Claim for - See paragraphs 1 to 21.

Damages - Topic 1281

Losses by third parties - Recoverable losses - General - See paragraphs 1 to 21.

Damages - Topic 1310

Exemplary or punitive damages - Negligence - See paragraphs 1 to 21.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - See paragraphs 1 to 21.

Cases Noticed:

Baker v. Bolton (1808), 1 Camp. 493; 170 E.R. 1033, refd to. [para. 5].

Reidy et al. v. McLeod Estate et al. (1986), 50 O.A.C. 200; 36 C.C.L.T. 307 (C.A.), refd to. [para. 7].

Mason v. Peters (1982), 39 O.R.(2d) 27 (C.A.), refd to. [para. 13].

Nielsen et al. v. Kaufmann (1986), 13 O.A.C. 32; 54 O.R.(2d) 188 (C.A.), refd to. [para. 13].

Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085; 94 N.R. 321, refd to. [para. 15].

Hudson's Bay Co. v. White (1997), 22 O.T.C. 366; 32 C.C.L.T.(2d) 163 (Gen. Div.), refd to. [para. 17].

Statutes Noticed:

Family Law Act, R.S.O. 1990, c. F-3, sect. 61 [para. 4], sect. 61.2(e) [para. 18].

Authors and Works Noticed:

Black's Law Dictionary (6th Ed. 1990), p. 444 [para. 9].

Ontario Law Reform Commission, Report on Compensation for Personal Injuries and Death (1987), generally [para. 10]; p. 26 [para. 13].

Waddams, Law of Damages (2nd Ed. 1983), p. 562 [para. 19].

Counsel:

Harvey T. Strosberg, for the plaintiffs/responding parties;

Stephen R. Moore, for the defendant/moving party, Maritime Life Assurance Co.

This motion was heard on March 2, 1998, by Granger, J., of the Ontario Court (General Division), who released the following decision on June 17, 1998, which was amended on July 8, 1998.