Laird Scrimshaw

The moving parties, a law firm and its senior partner, were successful in a summary judgment motion dismissing the plaintiff's action against them.

The plaintiff had alleged that the moving parties knowingly assisted in a dishonest and fraudulent act by their client, but provided no evidence to support this claim.

The court found that making such serious, unfounded allegations of fraud and dishonesty against lawyers warranted censure.

Consequently, the court awarded the moving parties their costs of the summary judgment motion on a full indemnity basis, fixed at $25,000 for fees plus disbursements.

The defendants, Aikins, MacAulay & Thorvaldson and Jonathan B. Kroft, brought a motion for summary judgment to dismiss the action against them, arguing there was no genuine issue requiring a trial.

The plaintiff, Man-Shield (NWO) Construction Inc., opposed the motion, contending it was premature and requested a stay until after the examination for discovery of another defendant, Gisele Macdonald.

The court found no evidence that Aikins and Kroft engaged in or assisted in any dishonest or fraudulent act, and that the plaintiff's allegations were speculative.

The motion for summary judgment was granted, and the action against Aikins and Kroft was dismissed.

The plaintiffs brought a motion to set aside a registrar’s order dismissing their personal injury action as abandoned under rule 48.15(1) of the Rules of Civil Procedure.

The action had been commenced within the limitation period but was dismissed after the plaintiffs’ solicitor failed to serve the defendant, mistakenly assuming the insurer would accept service.

The solicitor also delayed more than two years before bringing the motion due to significant personal and professional difficulties.

Applying the contextual approach articulated by the Court of Appeal, the court weighed the explanation for delay, inadvertence, promptness, and prejudice.

Finding the delay was not deliberate and that the defendant suffered no prejudice, the court set aside the dismissal and extended the time for service.