COURT OF APPEAL FOR ONTARIO
Doherty, Simmons and Tulloch JJ.A.
BETWEEN
Liaqat Chaudhry and 5 Star Haveli International
Plaintiffs (Appellants)
and
Falconer Charney LLP and Theodore P. Charney
Defendants (Respondents)
Alfred Schorr, for the plaintiffs (appellants)
Michael Kestenberg, for the defendants (respondents)
Heard: May 22, 2014
On appeal from the judgment of Justice Chiappetta of the Superior Court of Justice, dated October 9, 2013.
APPEAL BOOK ENDORSEMENT
1We think the motion judge properly determined that there was no genuine issue requiring a trial on the issue of damages as they related to the respondents’ alleged failure to complete the settlement documents before November 2008. As the motion judge observed, at para. 19:
There is no evidence the plaintiffs suffered a loss because the defendants failed to finalize the settlement by November 28, 2008.
2We agree with counsel for the appellants that a plaintiff is not required to quantify its loss to avoid summary judgment on a damages issue. A plaintiff is, however, required to demonstrate something in the record on the motion that would justify a finding that some loss had occurred. This material failed to do that. The action was properly dismissed.
3Costs to the respondents in the amount of $10,000, inclusive of taxes and disbursements.