COURT OF APPEAL FOR ONTARIO
Doherty, Pepall and Benotto JJ.A.
BETWEEN
Adela Turczinski
Appellant (Plaintiff)
and
Ian Mang and Mang & Steinberg Professional Corporation
Respondents (Defendants)
Jayson W. Thomas, for the appellant (plaintiff)
Michael R. Kestenberg, for the respondents (defendants)
Heard: January 21, 2016
On appeal from the order of Justice Grant Dow, of the Superior Court of Justice, dated June 4, 2015.
APPEAL BOOK ENDORSEMENT
1We agree with the respondent that the motion judge’s determination of the causation issue was central to the outcome of the summary judgment motion on both the negligence and negligent misrepresentation claims.
2We also agree that the “but for” test for causation applied. There is no reason to apply the material contribution test in these circumstances.
3We also accept his submission that the conduct of the solicitor retained after the respondent effectively broke the chain of causation for the purposes of determining “but for” causation as against the respondent.
4The appeal must be dismissed. Costs in the amount of $8,500 “all in” in favour of the respondent.