Court File and Parties
CITATION: Macchi S.P.A. v. New Solution Extrusion Inc., 2008 ONCA 586
DATE: 20080814
DOCKET: C48113
COURT OF APPEAL FOR ONTARIO
ROSENBERG, GILLESE and BLAIR JJ.A.
BETWEEN:
MACCHI S.P.A.
Plaintiff
and
NEW SOLUTION EXTRUSION INC., NEW SOLUTIONS EXTRUSION CORPORATION, NEW SOLUTIONS FINANCIAL CORPORATION, and MARIO SIMONE
Defendants (Appellants in Appeal)
and
GUY D.E. FARB
Third Party (Respondent in Appeal)
Counsel:
C. DuVernet and C. McCoogan for the appellants
J. Porter for the respondent
Heard: August 13, 2008
On appeal from the order of Justice Herman Wilton-Siegel of the Superior Court of Justice dated November 14, 2007.
APPEAL BOOK ENDORSEMENT
[1] On the pleadings as they stand, any negligence alleged against the proposed third party is attributable to the plaintiff. The statement of claim shows that Macchi has not distanced itself from responsibility for, or the consequences of, any negligence on the part of its counsel.
[2] In the circumstances therefore, the principle in Adams v. Thompson, Berwick, Pratt & Partners (1987), 1987 CanLII 2590 (BC CA), 39 DLR (4th) 314 at 319, rather than that in 478649 Ontario Limited v. Corcoran (1994), 1994 CanLII 219 (ON CA), 20 O.R. (3d) 28 (Ct.) applies.
[3] Accordingly, the appeal is dismissed with costs to the respondent fixed at $7,500, all inclusive.