Formosa v. Persaud

Formosa v. Persaud

The Court of Appeal affirmed summary dismissal because the motion judge correctly found on the record that GR's actions were taken with the appellants' knowledge and instructions, the appellants were advised of risks and actively participated in litigation strategy, GR did not breach the standard of care and did not cause any compensable loss, and the moving party had met the summary judgment burden of showing no genuine issue for trial.

Citation
2020 ONCA 368
Parties
Plaintiff (appellant): John Formosa; Plaintiff (appellant): Steffen Nielsen; Defendant (respondent): Dorian Persaud; Defendant (respondent): Gardiner Roberts LLP
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 June 2020
Procedural Posture
Civil / Appeal From Summary Judgment (court of Appeal of Ontario)
Outcome
Appeal dismissed; summary judgment dismissing the appellants' claim against Gardiner Roberts LLP affirmed.
Legal Topics
Summary Judgment, Standard of Care, Causation, Informed Consent, Litigation Strategy, Costs
Source Language
English
Civil Litigation Professional Negligence Solicitor/legal Malpractice Appeal Procedural Law Summary Judgment Standard of Care Causation +3 more

Case Brief

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Parties

John Formosa

Plaintiff (appellant)

Steffen Nielsen

Plaintiff (appellant)

Dorian Persaud

Defendant (respondent)

Gardiner Roberts LLP

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment (court of Appeal of Ontario)

Legal Issues

  1. 1 Whether Gardiner Roberts LLP breached the standard of care in acting for the appellants
  2. 2 Whether summary judgment was appropriate because there was no genuine issue requiring a trial
  3. 3 Whether any alleged negligence caused compensable loss

Ratio Decidendi

The Court of Appeal affirmed summary dismissal because the motion judge correctly found on the record that GR's actions were taken with the appellants' knowledge and instructions, the appellants were advised of risks and actively participated in litigation strategy, GR did not breach the standard of care and did not cause any compensable loss, and the moving party had met the summary judgment burden of showing no genuine issue for trial.

Court Disposition

Appeal dismissed; summary judgment dismissing the appellants' claim against Gardiner Roberts LLP affirmed.

Orders

  • Appeal dismissed.
  • If parties cannot agree on costs of the appeal, each party may file brief written submissions not to exceed three pages.