J.J. v. C.C.Posted March 13, 2017
Lerners acted for the respondent (plaintiff) who was seriously injured following the theft of a car from an auto repair garage. The plaintiff successfully obtained judgment against the garage at trial. The Court of Appeal unanimously held that the trial judge had not erred in finding the garage owed the plaintiff a duty of care to secure the vehicles on its property against theft, and that it failed in this duty by leaving vehicles unlocked with the keys inside. The Supreme Court of Canada granted the garage leave to appeal and held for the garage on the basis that the plaintiffs had not established foreseeability on the first step of the Anns test (2018 SCC 19). The plaintiff still have recourse to the Motor Vehicle Accident Claims Fund through the at-fault driver.