Ontario Civil


Civil Procedure

THIRD-PARTY PROCEEDINGS
Law of torts did not regulate family relationships Plaintiffs split property.

One portion was transferred to son and daughter-in-law and other portion was transferred to defendants. Plaintiffs retained life interest in both pieces of property. Plaintiffs signed direction to remove plaintiffs’ life interest from defendants’ portion. Plaintiffs sought declaration that direction was void and sought $50,000 for elder abuse. Defendants brought third party claim against son and sisters of son for damages. Defendants claimed inter-meddling by son and sisters turned plaintiffs’ minds against defendants. Third parties sought order striking out third party claim. Motion was allowed. Third-party claim did not disclose cause of action recognized in law. Third-party claim was dismissed. Heart of complaint was improper meddling with relations between loved ones. Law of torts did not regulate family relationships. Joudrey v. Joudrey (June 5, 2012, Ont. S.C.J., Gauthier J., File No. C-1704-11 A) 218 A.C.W.S. (3d) 310 (7 pp.).

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