Legal Blog

Damages – Summary Judgment

Enterprise Rent-a-Car v. Richards 2019 Ont SCJ

The renter of a car accepted collision insurance through the car rental company. However, the accident was caused when her son was operating the car, without her permission, contrary to the express terms of the contract. The judge held, in a summary judgment motion, that the renter was liable for the damages. However, he directed a trial relating to the quantum of damages because he was not satisfied with the manner in which the rental company provided its estimate of damages. An estimate of damages as an exhibit to a law clerk’s affidavit is not acceptable. As an aside, this is not the type of case where the action should be dismissed because the plaintiff did not prove its damages; it was the type of case where the plaintiff clearly demonstrates that there are some damages, but does not adduce sufficient evidence for a court to conclude what those damages are.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.