Scott Paulin

The plaintiff sued her former lawyer for negligence and breach of contract arising from an allegedly improvident settlement of her accident benefits claim in May 2014.

The plaintiff claimed the lawyer failed to advise her adequately regarding income replacement benefits, failed to discourage her from settling prematurely, and failed to advise her of the potential for catastrophic impairment designation which would have entitled her to significantly enhanced benefits.

The court found that while the lawyer breached the standard of care in several respects, the plaintiff failed to establish causation because she did not prove she would have acted differently with proper advice.

Additionally, the plaintiff failed to mitigate her damages by not attempting to set aside the settlement when she became aware of the defect.

The court also found the plaintiff failed to establish that she would have been found catastrophically impaired.

The action was dismissed.

The court found that Empire Steel Inc. breached its sublease with AZZ Galvanizing Canada Limited by overcharging for hydro, contrary to the contractual requirement to pass on only the actual cost of utilities.

Empire’s attempt to justify the overcharges by reference to alternative agreements and a retroactive TMI reconciliation was rejected as lacking credibility and good faith.

The court awarded AZZ $418,876 for hydro overcharges, subject to a $20,000 set-off for outdoor storage, and dismissed all other counterclaims and crossclaims.

This case involved consolidated applications concerning a closely held corporation, Fitness Fanatix Inc. The Cornacchia Group sought an oppression remedy under s. 248 of the Business Corporations Act, alleging Cotic mismanaged the business, failed to maintain proper records, and misappropriated cash.

Cotic, in turn, sought to enforce a buy-sell offer under s. 253(1) of the Act and the shareholders' agreement.

The court dismissed the Cornacchia Group's oppression application, finding their expectations were not violated and no misappropriation of cash by Cotic.

The court determined the correct shareholdings and Cotic's shareholder loan balance, rejecting claims that Wilkins and Correia were shareholders.

Cotic's application was allowed in part, granting him the first right to institute a new buy-sell offer based on the court's findings, as the original offer was not enforceable due to adjusted loan amounts and changed circumstances.