SCC Dismisses Leave Application in York ats. Morsi

Written on May 17, 2012.

The Supreme Court of Canada has dismissed the Plaintiff’s application for leave to appeal, with costs, in Morsi v. Fermar Paving et. al.. The Court of Appeal for Ontario set aside the trial decision of Justice Brian Shaughnessy last year, in which he found the Region of York and its contractor Fermar Paving, each 25% liable for the death of Mr. Morsi, who had been driving at a speed nearly double the legal limit and three times the posted advisory speed when he lost control of his vehicle and crashed into a telephone pole. The rejection of the leave application by the SCC confirms the ONCA’s decision to set aside Justice Shaughnessy’s ruling, and hold the Region and Fermar 0% liable for the reckless actions of Mr. Morsi, and thus sets into stone the principles enunciated with regard to this case and the limits of municipal liability for highway repair.