Colin Dubeau

The plaintiffs brought a motion for partial summary judgment on liability in a solicitor's negligence action against their former lawyer and his firm.

The plaintiffs alleged the lawyer failed to prepare a promissory note to support a General Security Agreement, weakening their bargaining position with a debtor.

The court found that while the lawyer breached the standard of care by acting in a conflict of interest and failing to prepare the note, the plaintiffs suffered no compensable loss as the debt was recognized, secured, and largely repaid.

The court dismissed the plaintiffs' motion and granted a 'boomerang' summary judgment dismissing the action entirely.

The defendant school board brought a motion to dismiss or stay the plaintiff's action for negligent administration of long-term disability benefits, arguing the court lacked jurisdiction because the dispute was subject to grievance and arbitration under a collective agreement.

The court found that the essential character of the dispute involved the duties regarding enrolment in the benefits plan, which the collective agreement was silent on.

The court concluded it had jurisdiction and dismissed the defendant's motion.

Following a motion to consolidate 48 actions where the moving defendants were largely successful but the plaintiff successfully resisted consolidation of one action, the court determined costs.

Considering the divided success and a reasonable settlement offer made by the plaintiff, the court ordered the moving defendants to pay partial indemnity costs of $7,500 to the plaintiff and $5,522.91 to the successful co-defendant, Boston Pizza.

The plaintiff commenced 48 separate actions (38 in Superior Court, 10 in Small Claims Court) relating to various loan transactions, primarily alleging negligence and breach of fiduciary duty against its former lawyers.

The defendant lawyers brought a motion to consolidate the actions.

The court ordered that 37 of the Superior Court actions be consolidated into a single action to avoid multiplicity of proceedings and reduce costs.

The 10 Small Claims Court actions were also consolidated and ordered to be transferred and tried together with the Superior Court action.

All actions were ordered to be case managed.

The defendant in a solicitor's negligence action brought a motion for the production of documents over which the plaintiff claimed settlement and solicitor-client privilege.

The court reviewed the documents and found that privilege had been waived or exceptions applied, as the documents related to the implementation of a settlement and the plaintiff's access to independent legal advice, which were central to the defence.

The court ordered the plaintiff to produce the documents, allowing only one redaction for specific legal advice.