Can-Euro Investments Ltd. v. Coles

Can-Euro Investments Ltd. v. Coles

Defendants failed to demonstrate there were no genuine issues of material fact on the plaintiff's breach of retainer and negligence claims; accordingly summary judgment must be dismissed and the matter proceed to trial where credibility and causal issues will be resolved.

Citation
2012 NSSC 247
Parties
Respondent/plaintiff: Can-Euro Investments Limited; Applicant/defendant: David Coles; Applicant/defendant: Boyne Clarke
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 July 2012
Procedural Posture
Civil Litigation Professional Negligence and Breach of Contract / Motion for Summary Judgment (cpr 13.04) Hearing and Dismissal
Outcome
Defendants' motion for summary judgment dismissed
Legal Topics
Summary Judgment, Retainer Breach, Causation, Damages, Disclosure, Issue Estoppel, Application Vs Action
Source Language
English
Civil Procedure Professional Negligence Contract Law Evidence Summary Judgment Retainer Breach Causation Damages +3 more

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Parties

Can-Euro Investments Limited

Respondent/plaintiff

David Coles

Applicant/defendant

Boyne Clarke

Applicant/defendant

Procedural Posture

Civil Litigation Professional Negligence and Breach of Contract / Motion for Summary Judgment (cpr 13.04) Hearing and Dismissal

Legal Issues

  1. 1 Whether defendants met their burden to show no genuine issue of material fact for trial under CPR 13.04
  2. 2 Whether alleged breaches of retainer and negligence by counsel raise material factual disputes
  3. 3 Whether prior judicial findings could be treated as binding on motion

Ratio Decidendi

Defendants failed to demonstrate there were no genuine issues of material fact on the plaintiff's breach of retainer and negligence claims; accordingly summary judgment must be dismissed and the matter proceed to trial where credibility and causal issues will be resolved.

Court Disposition

Defendants' motion for summary judgment dismissed

Orders

  • Motion for summary judgment dismissed
  • Costs awarded to Plaintiff on Tariff C in the amount of 2000 CAD