Mason v. Perras Mongenais

Mason v. Perras Mongenais

The Court allowed the appeal and set aside the summary judgment because the motion judge erred in principle by granting partial summary judgment in a matter where respondent liability was inextricably linked to claims against other defendants, factual disputes existed about the scope of the retainer, communication of advice and inquiries regarding the tax discount, and those disputes could not be resolved fairly or justly on a summary motion; the issues require trial adjudication.

Citation
2018 ONCA 978
Parties
Plaintiff/appellant: Michael Mason; Defendant/respondent: Perras Mongenais; Defendant/respondent: Blumberg Segal LLP; Defendant/respondent: Scott D. Chambers
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 December 2018
Procedural Posture
Family / Appeal From Summary Judgment
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Standard of Care, Retainer, Tax Advice, Spousal Support, Equalization
Source Language
English
Family Law Professional Negligence Civil Procedure Tax Law Summary Judgment Standard of Care Retainer Tax Advice +2 more

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Parties

Michael Mason

Plaintiff/appellant

Perras Mongenais

Defendant/respondent

Blumberg Segal LLP

Defendant/respondent

Scott D. Chambers

Defendant/respondent

Procedural Posture

Family / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate given interrelated claims against multiple defendants
  2. 2 Whether the lawyer (Perras) met the standard of care in advising the client and ensuring the client understood tax advice
  3. 3 Whether a lawyer may rely on another lawyer as conduit for communicating advice to the client

Ratio Decidendi

The Court allowed the appeal and set aside the summary judgment because the motion judge erred in principle by granting partial summary judgment in a matter where respondent liability was inextricably linked to claims against other defendants, factual disputes existed about the scope of the retainer, communication of advice and inquiries regarding the tax discount, and those disputes could not be resolved fairly or justly on a summary motion; the issues require trial adjudication.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Summary judgment dismissing claim against Perras Mongenais set aside
  • Respondent Perras Mongenais to pay appellant costs of the appeal in the agreed amount of $12,000 inclusive of disbursements and HST