Daniel Iny

The self-represented appellant appealed a Small Claims Court decision dismissing his solicitor negligence claim against the respondent law firm.

The appellant alleged his former solicitor negligently handled his breach of fiduciary duty claim against a real estate agent, pressuring him into a settlement.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the standard of care for solicitors.

The appellant appealed the dismissal of her action against the respondents.

The motion judge had dismissed the action as an abuse of process and found no genuine issue for trial, as the underlying issue of forged guarantees had already been adjudicated in a previous action.

The appellant argued she was denied natural justice because the motion judge proceeded in her absence after she left the courtroom.

The Court of Appeal dismissed the appeal, finding no apprehension of bias, agreeing that the action was an abuse of process, and upholding the substantial indemnity costs awarded by the motion judge due to the serious allegations of dishonesty.