In Ugarrit Inc. v. Pooran, 2013 ONSC 6713, the plaintiffs unsuccessfully moved to add two lawyers as party defendants to an existing negligence action, which arose from a fire loss claim that had become statute barred. Ms. Barber represented one of the two lawyers, successfully arguing that the lawyer was never retained to advance a fire loss claim. The motion against both lawyers was dismissed.
Eric Williams and Kelly Hart successfully defended a solicitor at trial involving a scope of retainer dispute. The court confirmed that any duty to a client is limited to the scope of the retainer. A “limited retainer” describes circumstances such as where a solicitor is conducting a real estate transaction without search of title and advises the client that the work being done is less than usual.
This is differentiated from this case where the solicitor was retained for a disability claim and advised the client orally of other potential claims. While the solicitor orally confirmed his non-retainer on the other claims, he did not put this in explicitly in writing. This was not a case of limited retainer, and the failure to send a letter of non-retainer was not a breach of the standard of care. The trial decision was upheld at the Court of Appeal.
Eric Williams successfully represented a number of applicants in the breakup of a legal partnership. A key issue in the dispute was the suitability of having the court conclude the partnership court given specific wording in the partnership agreement and the division of partnership assets.
Chris Reil successfully represented the plaintiffs in this action against a cleaning company after a break-enter-and-theft was facilitated by a former employee of the defendant. The Court held the defendant was negligent in hiring an employee with an extensive criminal record without performing a proper background check, and for failing to warn the plaintiffs after discovering her criminal background.
Chris Reil represented the landlord and obtained a summary judgment against the defaulting tenant for both arrears of rent and the present value of the future rent to the end of the term. The judgment was upheld by the Court of Appeal.
Our firm successfully represented the mortgagor on this issue of whether or not a mortgagee can declare a mortgage to be in default.
Kelly Hart successfully represented the non-profit Abiwin Co-Operative in the Federal Court of Canada where it was held that a previous settlement between the Co-Op and one of its members precluded her from raising the same complaint in a new forum.
Eric Williams successfully represented the plaintiff in a claim for damages when his helicopter crashed. The plaintiff succeeded at trial and appeal in holding both the insurer and the manufacturer liable for negligence.
Ms. Barber acted as agent for the Plaintiff and successfully argued to extend the time to file a Notice of Appeal. The Plaintiff wished to appeal a decision dismissing his motion for a declaration that the Plaintiff’s award of damages in his personal injury action would survive the Defendant’s discharge from bankruptcy. The Plaintiff filed the Notice of Appeal several months late. The Court of Appeal concluded that it was in the interest of justice to allow the Plaintiff to file the Notice of Appeal. The Plaintiff, with his original counsel, was ultimately successful on the appeal.
The Defendant brought a motion before Justice Ray to remove Plaintiff’s counsel on the basis of an alleged conflict of interest. Tara, who was defending the motion, was successful in having the motion dismissed with costs.
