Canada Case Law

Blizzard Uranium Corp v. Nathanson, Schacter & Thompson LLP

Court

Supreme Court of British Columbia

Court found defendants liable for negligence and breach of fiduciary duty: the Amended SOC contained a factual error (B Claims misdescribed as held in trust for Boss) caused by defendant counsel's failure to verify and to account for prior file materials; that error foreseeably gave the beneficial owner leverage, caused settlement complications and payments; causation established; but plaintiffs bore 50% contributory negligence for failures to detect and mitigate; court applied a $2,000,000 'but for' deduction (likely value that would have been paid for B Claims absent the error), reduced rec…

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• Solicitor negligence
• Breach of fiduciary duty
• Contributory negligence
• Causation
• Damages
• Settlement law

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Elizabeth Casey Cooke Family Trust v. Dioguardi

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal in a solicitor-negligence case, holding the claim was an abuse of process because the will error could have been addressed during probate.

• Probate
• Rectification of wills
• Abuse of process
• Collateral attack
• Certificate of appointment of estate trustee
• Solicitor negligence

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Aville Enterprises Ltd. v. Lloyd’s Underwriters

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed Aville’s insurance action for want of prosecution after nearly nine years of inactivity and found real prejudice to the defendants.

• Want of prosecution
• Dismissal for delay
• Prejudice from delay
• Costs
• Builder's risk insurance
• Solicitor negligence

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Vacaru v. Legge

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Felicia Vacaru’s appeal under r. 2.1.01, holding the pleading disclosed no reasonable cause of action and was an abuse of process.

• Rule 2.1.01 dismissal
• Frivolous and vexatious pleadings
• Res judicata/issue estoppel
• Fresh evidence admissibility
• Striking pleadings
• Solicitor negligence

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Ferguson v. Doak Shirreff LLP

Court

Supreme Court of British Columbia

The court found a solicitor negligent for advising that a valid easement supported access to a vacation property, and held the plaintiff’s mitigation steps were reasonable.

• Solicitor negligence
• Easement interpretation
• Access rights
• Causation
• Mitigation
• Quantum of damages

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Westmount-Keele Limited v. Nicholas C. Tibollo Professional Corporation

Court

Court of Appeal for Ontario

The appeal is allowed in part: the trial judge erred in finding Mr. Sereda's fee claim was time-barred because the claim was not discoverable when services were rendered and the limitation period commenced later; the respondents' negligence rendered recoverable certain legal fees paid to them; elevator repair damages conceded below are recoverable; other claimed losses (lost-opportunity damages, property taxes, most chattels/equipment claims) were inadequately proved and remain unrecoverable. The trial judgment is varied to add specified monetary awards and appeal costs.

Source excerpt

• Solicitor negligence
• Limitation period (discoverability)
• Damages — direct and lost opportunity
• Equitable set-off
• Costs
• Vacant possession

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Shortreed Joint Venture Ltd. v. Guvi

Court

Supreme Court of British Columbia

The court dismissed Shortreed Joint Venture Ltd.’s negligence and fiduciary duty claims against its solicitor and firm, finding no recoverable loss and no tort breach.

• Solicitor negligence
• Duty of care
• Breach of fiduciary duty
• Settlement agreement formation
• Agency
• Misappropriation/conversion

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Blizzard Uranium Corp. v. Nathanson, Schachter & Thompson LLP

Court

Supreme Court of British Columbia

The court admitted a solicitor-negligence expert report in modified form, cured minor Rule 11-6 issues through Rule 11-7(6), but struck the paragraph stating a final breach conclusion.

• Expert evidence admissibility
• Duty of loyalty
• Solicitor negligence
• Court rules compliance (rule 11-6, rule 11-7)
• Expert-evidence
• Solicitor-negligence

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Gaines. v. Duggan

Court

Supreme Court of British Columbia

The court dismissed related trust and negligence claims over a Surrey home, holding the trust allowed reconveyance to both settlors, not to the plaintiff alone.

• Declaration of trust
• Interpretation of trust instruments
• Life estate vs beneficial ownership
• Breach of trust
• Solicitor negligence
• Limitation period (discovery)

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Ruloff Capital Corporation v. Hula

Court

Supreme Court of British Columbia

The court held this multi-party civil action was intricate and complex, so the trial would proceed without a jury. Costs of the application were awarded to the lawyer defendants.

• Jury trial removal
• Rule 12-6(5)(a) rules of court
• Solicitor negligence
• Conflict of interest
• Vicarious liability
• Fraud

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