Canada Case Law

Gayle v. Cambridge Mercantile Corp.

Court

Court of Appeal for Ontario

The motion judge correctly found, on the evidentiary record, that the respondents’ advice was reasonable and the $500,000 mediation settlement was not improvident given substantial litigation risks and arguable alternative interpretations of the memorandum; the appellant failed to raise a genuine issue for trial or adduce expert evidence necessary to challenge that conclusion, so summary dismissal was proper.

Source excerpt

• Wrongful dismissal
• Settlement
• Fiduciary duty
• Breach of contract
• Negligence
• Expert evidence

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Ocean Rodeo Sports Inc. v. Oyen

Court

Supreme Court of British Columbia

Appeal from a costs assessment in a solicitor-negligence patent case. The court reduced one expert disbursement for mixed counsel work but upheld the other.

• Costs assessment
• Expert fees
• Proportionality
• Preposterousness of expert report
• Standard of review
• Solicitor negligence

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Stewart v. Yuill (Yuill Law Firm)

Court

Nova Scotia Small Claims Court

Adjudicator found the solicitor breached the standard of care by failing to confirm and secure agreement on contentious collateral items, but the claimant failed to prove causation because evidence showed there was no agreement on those items at the time and therefore no basis to conclude the breach caused the loss; claim dismissed.

Source excerpt

• Standard of care
• Causation (but‑for)
• Settlement / separation agreement
• Collateral agreements
• Damages

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Gravelle (CodePro Manufacturing) v. Denis Grigoras Law Office

Court

Court of Appeal for Ontario

The court found the appellant discovered his claim by November 23, 2009 when he delivered a letter stating a statement of claim was being drafted; consequently the four-year limitation period expired before commencement in 2013 and the action is statute-barred. Tactical delay to await arbitration does not extend the limitation period and the motion judge correctly granted summary judgment dismissing the action.

Source excerpt

• Summary judgment
• Discoverability
• Statute of limitations
• Tactical delay
• Notice of claim
• Costs

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Meehan v. Good

Court

Court of Appeal for Ontario

The motion judge erred by focusing narrowly on the written retainer and failing to consider all surrounding circumstances bearing on whether Cardill owed a duty to advise the appellants about the limitation period; therefore there remained a genuine issue requiring trial and the motion judge's summary dismissal was set aside.

Source excerpt

• Duty of care
• Retainer
• Limitation period
• Summary judgment
• Assessment of accounts
• Costs

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Musgrave v. Ford

Court

Supreme Court of Nova Scotia

Court held that pre-judgment interest at 5% is awarded on the net damages ($77,535) and on legal cost damages, but interest accrues from when the loss materialized (when loans defaulted) and the interest period is reduced by two years to reflect plaintiff delay; party-and-party costs are fixed at a lump sum of $23,500 (Scale 2 basis plus trial day allowances) and disbursements are allowed except adjusted deductions for photocopying (reduced to $800), parking ($103.25) and exhibit tabs ($231.10).

Source excerpt

• Pre-judgment interest
• Party-and-party costs
• Disbursements
• Causation
• Damages

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Hutchison v. Ridyard

Court

Supreme Court of British Columbia

Appeal from a small claims judgment dismissed. The court held the solicitor’s retainer was broader than scrivener duties and included advice on conveyancing consequences.

• Duty of care
• Standard of care
• Scope of retainer
• Causation
• Damages
• Pre-judgment interest

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Kabir v. Lawson

Court

Nova Scotia Small Claims Court

On the evidence and file materials the defendant did not breach the standard of care: she advised the client about the weaknesses in proving asserted loans, addressed child support and settlement options reasonably, did not cause undue delay amounting to negligence, and her accounts were billed under a written retainer at a reasonable rate with reasonable disbursements; accordingly the claim is dismissed and the accounts are certified in full.

Source excerpt

• Negligence
• Taxation of legal accounts
• Child support variation
• Division of matrimonial property
• Retainer agreement
• Disciplinary complaint admissibility

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Roberge v. Munro

Court

Court of Appeal for Ontario

The appeal is allowed in part: the appellant is entitled to judgment for the $5,000 retainer she paid; she failed to prove any other damages resulting from her solicitor's conduct and the fresh evidence was inadmissible because it could have been obtained with reasonable diligence; accordingly the motion for fresh evidence is dismissed and costs awarded.

Source excerpt

• Assessment of damages
• Fresh evidence
• Retainer recovery
• Default of solicitor

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Goodwin v. Becker

Court

Supreme Court of British Columbia

Trial judgment in a solicitor-negligence claim arising from family-law representation, support, refinancing, fees, and alleged psychiatric harm. The plaintiff succeeded only on limited issues and received modest damages.

• Interim spousal support
• Retroactive support
• Pension division
• Rrsp equalization
• Refinancing
• Charging order/solicitor's lien

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