Indexed as:

Cousineau v. Roman Catholic Episcopal Corp. for the Diocese

 of Toronto in Canada

Between

Harlen Cousineau, (plaintiff/appellant), and

The Roman Catholic Episcopal Corporation for the Diocese of

Toronto in Canada, The Brothers of the Christian Training

Schools of Ontario, St. John Training School for Boys, Her

Majesty the Queen in Right of the Province of Ontario as

represented by the Ministry of the Attorney General, The Roman

Catholic Children's Aid Society for Essex County and The Roman

Catholic Episcopal Corporation for the Diocese of London in

Canada, (defendants/respondents)

And between

John David Kenny, (plaintiff/appellant), and

The Roman Catholic Episcopal Corporation for the Diocese of

Toronto in Canada, The Brothers of the Christian Training

School of Ontario, St. John Training School for Boys, Her

Majesty the Queen in Right of the Province of Ontario as

represented by the Ministry of the Attorney General, The

Children's Aid Society for Lambton County,

(defendants/respondents)

[1998] O.J. No. 3872

Docket Nos. C28944 and C28945

 Ontario Court of Appeal

 Toronto, Ontario

Carthy, Labrosse and Moldaver JJ.A.

Heard: September 22, 1998.

 Judgment: September 29, 1998.

(2 pp.)

Practice -- Judgments and orders -- Summary judgments -- Setting aside -- Dismissal of action -- When available.

Appeal by the plaintiff from a decision dismissing the action on a motion for summary judgment. The defendants relied on releases in support of their motion.

HELD: Appeal dismissed. There was no basis for doubting the validity of the releases.

Counsel:

Ray Colautti and Craig Houle, for the appellant.

T.C. Marshall, for the Crown, respondent.

P.D. Lauwers and M.R. Frederick, for the respondent, Roman Catholic Episcopal Corporation.

The following judgment was delivered by

1     THE COURT (endorsement):-- The motions judge reviewed the record in its entirety and he concluded, correctly in our view, that there was no genuine issue of fact capable of calling into question the validity of the releases upon which the Ministry of the Attorney General and the Roman Catholic Episcopal Corporation relied in support of their motion for summary judgment.

2     In view of this, we need not decide whether the motions judge erred in concluding that there was no basis in fact or in law for holding the Roman Catholic Episcopal Corporation vicariously liable.

3     In the result, the appeals are dismissed with costs.

CARTHY J.A.

 LABROSSE J.A.

 MOLDAVER J.A.

cp/d/aaa/DRS