Beverly Jusko

The plaintiffs sued their former lawyer and her law firm for negligence, breach of fiduciary duty, and breach of contract, primarily alleging she mishandled a security for costs motion and other procedural steps, resulting in higher legal fees.

The court found that the action was essentially a fee dispute cloaked as a negligence claim.

The plaintiffs failed to tender expert evidence to establish the standard of care for the lawyer's advice, and the court found no clear error or egregious conduct in her handling of the file.

The action was dismissed, and the plaintiffs were ordered to pay $80,000 in costs on an elevated scale due to their improper motives in bringing the litigation.

The applicants, a group of companies owned by Dondeb Inc., sought an Initial Order under the Companies' Creditors Arrangement Act (CCAA) to enable an orderly liquidation of their assets.

The application was opposed by approximately 75% of the secured creditors, who argued for individual receiverships due to a lack of confidence in the applicants' principal and the burden of CCAA administrative costs.

The court dismissed the CCAA application, finding it unlikely that a successful plan could be developed and approved by the creditors.

Instead, the court issued a Global Receivership Order, which was supported by the opposing creditors, to achieve an orderly liquidation at a lower cost.