Gary Michael Caplan

The appellant appealed a trial judgment that awarded him nominal damages and 50% of his party-and-party costs against his former solicitor for breach of fiduciary duty.

The Divisional Court upheld the finding that damages for the loss of the business were nominal, but awarded $9,500 in damages for the costs incurred in hiring new counsel to rectify the breach.

The Court also varied the trial costs award to 100% of party-and-party costs, finding the solicitor's egregious conduct at trial justified full recovery.

The appeal was allowed in part.

Appeal from a declaration that a strip of land remained a public highway because a municipality had not complied with statutory requirements when confirming a road closing and later selling the land.

The court held the earlier by-law had effectively stopped up the highway and the later by-law merely corrected the description and confirmed that result, so s. 470(1) did not invalidate the road closing.

Although the municipality failed to comply with s. 487 when selling the stopped-up highway to the predecessor in title, the court had discretion to refuse declaratory relief and should have done so because of extensive delay.

The court further held that subsequent purchasers could rely on defences under the Limitations Act and the Land Titles Act.

The appeal was allowed and the underlying application dismissed.