The appellant, a lawyer who acted for a mortgagee in enforcement proceedings, appealed a Small Claims Court judgment that found him jointly and severally liable for $9,000 in punitive damages and $5,750 in costs.
The Divisional Court allowed the appeal, finding that the Deputy Judge erred in law by awarding punitive damages against the lawyer without finding any primary liability, independent actionable wrong, or duty of care owed to the mortgagor.
The judgment against the lawyer was set aside.
