Ontario Civil


Torts

Negligence

Duty and standard of care

College did not have proximate relationship with Immigration Canada

Plaintiffs were international students at defendant college, and alleged that college misrepresented that general arts and science program would qualify for work permit under Immigration Canada's post-graduation work permit (PGWP) program. From 2010 to 2015 Immigration Canada issued permits under PGWP program to international students at college who completed general arts and science program, but then determined that since majority of courses offered under program were taken online, it was distance learning program that did not qualify for work permit under PGWP program. Plaintiffs brought proposed class action against college seeking damages for unfair practices under Consumer Protection Act, 2002, negligence, negligent misrepresentation, and fraudulent misrepresentation. College commenced third-party claim against Immigration Canada for contribution and indemnity alleging that Immigration Canada owed it duty of care and that its negligence caused harm to college. Immigration Canada brought partially successful motion to have third-party claim struck for not disclosing reasonable cause of action. Motion judge found that college did not have proximate relationship with Immigration Canada. College appealed. Appeal dismissed. There was no issue with motion judge’s decision to strike college’s claim in negligence for pure economic loss without leave to amend. College did not provide details of interactions with Immigration Canada that would change result.

Goyal v. Niagara College of Applied Arts and Technology (2019), 2019 CarswellOnt 5354, 2019 ONCA 263, Simmons J.A., Juriansz J.A., and Miller J.A. (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 6885, 2018 ONSC 2768, Perell J. (Ont. S.C.J.).


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