The defendants brought a motion for summary judgment to dismiss the plaintiff's action arising from the sale of a jointly owned property.
The plaintiff and one defendant were former law partners who co-owned the property.
The defendant received offers to purchase the property but concealed them from the plaintiff, instead using an agent to deceive the plaintiff into selling his interest for a lower amount.
The court found that a partnership still existed, fiduciary duties were breached, and the defendants engaged in civil fraud and unlawful means conspiracy.
The court dismissed the defendants' motion and granted a boomerang summary judgment in favour of the plaintiff, with damages to be determined.