Piccolo v. Muroff

Piccolo v. Muroff

The appeal was dismissed because the appellants' allegations were conclusory and lacked material facts showing breach or causation, there were no credibility issues necessitating a trial, and appellants suffered no demonstrated prejudice from not having the respondent's file; therefore summary judgment was properly granted.

Citation
C39381
Parties
Appellant: Sam Piccolo; Appellant: Susan Piccolo; Respondent: Walter Muroff; Respondent: Walter Muroff and Company TD.; Respondent: Marc Katzman; Respondent: Gerald Koski
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Civil / Appeal From Judgment (summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Breach of Fiduciary Duty, Disclosure, Credibility, Costs Award
Source Language
English
Civil Procedure Fiduciary Duty Real Property Costs Summary Judgment Breach of Fiduciary Duty Disclosure Credibility +1 more

Case Brief

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Parties

Sam Piccolo

Appellant

Susan Piccolo

Appellant

Walter Muroff

Respondent

Walter Muroff and Company TD.

Respondent

Marc Katzman

Respondent

Gerald Koski

Respondent

Procedural Posture

Civil / Appeal From Judgment (summary Judgment)

Legal Issues

  1. 1 Whether the appellants' affidavit material raised a triable issue of breach of fiduciary duty by the respondent
  2. 2 Whether credibility issues required a trial despite summary judgment
  3. 3 Whether the respondent's alleged refusal to produce his file precluded summary judgment

Ratio Decidendi

The appeal was dismissed because the appellants' allegations were conclusory and lacked material facts showing breach or causation, there were no credibility issues necessitating a trial, and appellants suffered no demonstrated prejudice from not having the respondent's file; therefore summary judgment was properly granted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent awarded costs of the appeal on a partial indemnity basis fixed at $4,000 plus disbursements and GST