2 total
The court dismissed a motion to remove defence counsel, finding no disqualifying conflict of interest regarding a previously drafted will.
The plaintiff moved to remove the defendant's law firm as counsel, alleging a disqualifying conflict of interest because the firm had prepared the father's will in 2010, which named both parties as trustees.
The plaintiff argued that the firm possessed confidential information relevant to the current action concerning alleged trustee misconduct.
The court dismissed the motion, finding that the plaintiff was not a former client of the firm and that any information provided by the father for the 2010 will was not relevant to the issues of trustee misconduct in the present action, as the will itself was not being challenged.
A homebuyer's claims against vendors and a realtor for a leaky basement were dismissed, and while the home inspector was found negligent, damages were limited to the $325 inspection fee by an exclusion clause.
The plaintiff purchased a home with a leaky basement and sued the vendors, her real estate agent, and the home inspector for damages.
The court dismissed claims against the real estate agent for failure to establish the standard of care and causation regarding Tarion warranty advice.
Claims against the vendors were dismissed based on the rule of *caveat emptor*, as active concealment of defects was not proven, despite their likely knowledge of the issue.
The home inspector was found negligent and in breach of contract for failing to inspect the exterior foundation and report obstructions, but an exclusion clause in the inspection agreement limited damages to the cost of the inspection ($325).
