Jenny Bogod

The defendant brought a motion for summary dismissal under Rule 2.1.01, arguing that the plaintiff's claim for dependent's relief was frivolous and an abuse of process.

The plaintiff, a 37-year-old adult, sought support from her late father's estate based on his failure to provide financial assistance since childhood, relying on a 1998 child support order.

The court dismissed the motion, finding that the claim was not clearly frivolous on its face and that the plaintiff raised arguable legal issues under the broad dependent's relief provisions of the Succession Law Reform Act worthy of consideration by the court.

The Bank of Nova Scotia Trust Company, as guardian of property for Asha Kumra, sought advice and direction from the court regarding whether Minutes of Settlement, entered into by Asha's sons Sanjiv and Rajiv Kumra, were binding on the guardian and precluded it from pursuing claims related to property transfers made by Asha prior to a one-year limitation period specified in the Minutes.

The court found that the Minutes were not binding on Scotiatrust or Asha Kumra, as neither was a party to the agreement, nor was Asha legally represented during its negotiation.

Consequently, Scotiatrust retains the discretion to pursue claims in Asha Kumra's best interests, irrespective of the limitation period in the Minutes.

The appellant appealed a summary judgment dismissing his professional negligence claim against a tax lawyer.

The appellant had retained the tax lawyer to advise on tax implications of a matrimonial settlement involving the purchase of his ex-spouse's shares in a family corporation.

The tax lawyer provided advice on two approaches: a direct purchase (which would trigger significant personal tax liability) and a redemption approach (which would avoid the tax hit).

The appellant ultimately settled using the direct purchase approach with a negotiated "tax discount" rather than the recommended redemption approach.

The appellant subsequently incurred approximately $1.3 million in tax liability and sued for negligence.

The motion judge granted summary judgment dismissing the claim, finding the tax advice was correct.

The Court of Appeal allowed the appeal, finding that partial summary judgment was inappropriate in these circumstances and that serious issues remained regarding the lawyer's professional obligations to ensure advice was communicated to and understood by the client.