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Torts - Negligent Entrustment

. Graham v. Lemay

In Graham v LeMay (Ont CA, 2016) the Court of Appeal held that a tort of negligent entrustment would have failed, even if it did exist (!):
[79] The parties and the motions judge proceeded on the basis that the tort of negligent entrustment exists in Ontario and in that regard relied on Cella. While the tort exists in the United States and arguably in British Columbia (Schulz, at p. 105) and has been advanced in Ontario (Vynckier v. Brown and State Farm, 2015 ONSC 376 (CanLII); Persaud v. Bratanov and Unifund Assurance Co., 2012 ONSC 5232 (CanLII), 96 C.C.L.T. (3d) 147; Ladouceur v. Zimmerman, [2009] O.J. No. 4777; and Ahmetspasic v. Love, 2002 CarswellOnt 4475), no definitive statement on the existence of the tort has been enunciated by either the Supreme Court of Canada or by this court. ...

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Last modified: 25-05-23
By: admin