Marko Djukic

The plaintiff, a mortgage broker, brought a motion for summary judgment against the defendants, lawyers for the borrower, seeking $37,500 in unpaid broker fees.

The plaintiff alleged the defendants breached a trust by advancing the full mortgage funds to their client despite being notified of an error that included the broker fees.

The defendants argued there was no trust agreement with the plaintiff and they acted on their client's instructions.

The court dismissed the motion, finding no certainty of intention to create a trust and that the defendants did not act dishonourably by prioritizing their client's instructions.

The court also commented on the impropriety of a lawyer acting as both witness and counsel.

Following the dismissal of the plaintiff's summary judgment motion against one defendant, that defendant sought costs of $51,010.55.

The court declined to award costs payable forthwith, finding the plaintiff did not act unreasonably or in bad faith in bringing the motion.

Citing access to justice principles and the plaintiff's lack of financial means, the court ordered costs in the cause.

The court deferred the plaintiff's request for costs against another defendant whose counterclaim was dismissed due to being an undischarged bankrupt, requesting further information on whether the bankruptcy trustee was notified.

The plaintiff brought a motion for summary judgment against his former real estate solicitor for professional negligence, alleging the solicitor failed to properly advise him regarding a $300,000 gift direction.

The plaintiff also moved to dismiss a counterclaim brought by one of the defendants on the basis that she was an undischarged bankrupt.

The court dismissed the summary judgment motion, finding that genuine issues of credibility and the factual context of the transaction required a trial.

However, the court granted the motion to dismiss the counterclaim, concluding that the defendant lacked the legal capacity to commence the action as an undischarged bankrupt, and the proceeds claimed did not constitute after-acquired property.