Marvin Newman

The plaintiff, Nam Dek Lee, brought a motion for summary judgment against the defendant, Jin Mo, his former lawyer, alleging negligence in a failed real estate transaction.

The plaintiff claimed Mr. Mo failed to communicate and seek instructions, leading to the termination of an agreement of purchase and sale and loss of deposit.

The court dismissed the motion for summary judgment, finding that the record did not sufficiently establish causation or the quantum of damages, particularly regarding the increase in condominium value.

The court also addressed Mr. Mo's history of delay and misleading conduct regarding an adjournment request.

Following prior reasons concerning the validity of a transfer of property and the appointment of guardians of property under the Substitute Decisions Act, the applicants sought directions to determine the market rent payable by a respondent who continued to occupy a residential property owned by an incapable person.

The court assessed competing valuation evidence and determined the fair rental value while granting a modest credit for minor property management services performed by the occupant.

The court also addressed ancillary orders required to implement its earlier judgment, including restoring title to the incapable person, directing the return of funds held in trust to the appointed guardians, removing a charge registered on title for legal fees, clarifying authority over insurance matters, and permitting section 3 counsel to withdraw.

The decision illustrates the court’s authority under Rule 59.06(2) of the Rules of Civil Procedure to give further directions necessary to carry an order into operation.