Lang Michener LLP v. King

Lang Michener LLP v. King

The Italian court expressly found Mr. King's liability arose from fraud and extra-contractual acts rather than from an error, omission or negligent act in the performance of professional services; accordingly the Policy's coverage grant was not triggered and Mr. King suffered no recoverable damages from any advice about suing LawPro, so the motion judge correctly dismissed the counterclaim and the costs award was not disturbed.

Citation
2018 ONCA 471
Parties
Moving Party (respondent): Lang Michener LLP; Responding Party (appellant): Gregory P. King
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 May 2018
Procedural Posture
Collection (enforcement of Foreign Judgment) / Appeal From Order Granting Summary Judgment Dismissing Counterclaim and Appeal From Costs Order
Outcome
Appeal dismissed; leave to appeal the motion judge's costs order granted but the costs award was upheld; Lang Michener awarded $15,000 costs of the appeal.
Legal Topics
Summary Judgment, Coverage Under Professional Liability Insurance, Collateral Attack, Issue Estoppel, Negligence of Counsel, Leave to Appeal Costs
Source Language
English
Civil Professional Negligence Insurance Enforcement of Foreign Judgment Costs Summary Judgment Coverage Under Professional Liability Insurance Collateral Attack +3 more

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Parties

Lang Michener LLP

Moving Party (respondent)

Gregory P. King

Responding Party (appellant)

Procedural Posture

Collection (enforcement of Foreign Judgment) / Appeal From Order Granting Summary Judgment Dismissing Counterclaim and Appeal From Costs Order

Legal Issues

  1. 1 Whether the LawPro professional liability Policy covered liability arising from the Italian Judgment
  2. 2 Whether the Italian Judgment arose from the performance of professional services or from fraud/extra-contractual acts
  3. 3 Whether the motion judge erred in dismissing the counterclaim without a trial on coverage and causation

Ratio Decidendi

The Italian court expressly found Mr. King's liability arose from fraud and extra-contractual acts rather than from an error, omission or negligent act in the performance of professional services; accordingly the Policy's coverage grant was not triggered and Mr. King suffered no recoverable damages from any advice about suing LawPro, so the motion judge correctly dismissed the counterclaim and the costs award was not disturbed.

Court Disposition

Appeal dismissed; leave to appeal the motion judge's costs order granted but the costs award was upheld; Lang Michener awarded $15,000 costs of the appeal.

Orders

  • Appeal dismissed
  • Leave to appeal the motion judge's costs order granted