Court File and Parties

CITATION: Malkhassian v. Clarke, Freeman, Miller & Ryan, 2008 ONCA 198

DATE: 20080320

DOCKET: C46775

COURT OF APPEAL FOR ONTARIO

WEILER, MOLDAVER and JURIANSZ JJ.A.

BETWEEN:

ANAHID KALFAYAN MALKHASSIAN

Plaintiff (Appellant)

and

CLARKE, FREEMAN, MILLER & RYAN

Defendant (Respondent)

J. Gardner Hodder and Kristy Maurina for the appellant

John Cannings and Brian A. Pickard for the respondents

Heard and endorsed: March 18, 2008

On appeal from the judgment of Justice Blenus Wright of the Superior Court of Justice dated February 7, 2007.

APPEAL BOOK ENDORSEMENT

[1] This appeal is fact driven. The trial judge found as a fact that the appellant was a partner in the family business and that she knowingly mortgaged her home to provide funds for that business.

[2] In our view, those findings are supported by the evidence and they are fatal to the appellant’s claim that the respondent was negligent in failing to ensure that she received independent legal advice.

[3] In view of this conclusion, it is unnecessary to address the abuse of process issue.

[4] Accordingly, the appeal is dismissed.

[5] Costs to the respondent in the amount as agreed of $34,000 inclusive of GST and disbursements.