Deanna R. Miller

The appellant, Melissa Bell, appealed the summary dismissal of her action against her former lawyer, Neda Amini, for negligence, malpractice, and defamation.

The solicitor-client relationship broke down after 13 days due to the appellant's unreasonable litigation strategy and accusation of collusion.

The motion judge found the lawyer was entitled to withdraw and her communications with Legal Aid Ontario were truthful.

The Court of Appeal upheld the dismissal, finding no evidence of negligence or defamation, and affirmed the motion judge's application of summary judgment principles.

The respondent, William Fuhgeh, brought a motion to strike over 50 paragraphs from the applicants' affidavit and a portion of their Notice of Application in a vexatious litigant proceeding.

The applicants, Marie-Hélène Godbout and Marc Coderre, opposed the motion.

The court dismissed the motion, reiterating the principle that pre-emptive motions to strike affidavits are generally discouraged unless the material is clearly improper or would cause unreasonable effort/cost to respond.

The court deferred the questions of admissibility, weight, and relevance of the impugned evidence to the judge hearing the main vexatious litigant application.

The appellant sought a determination on whether a transcript was required for her appeal from a summary judgment and an extension of time to perfect the appeal.

The respondent opposed, citing lack of merit and the appellant's litigation conduct.

The court ruled that no transcript was required as the summary judgment motion was heard on a paper record.

A 30-day extension to perfect the appeal was granted, considering the appellant's prompt action, self-representation, and entitlement to appeal as of right, finding no specific prejudice to the respondent.