Court of Appeal for Ontario

CITATION: Chan v. Holland, 2011 ONCA 738

DATE: 20111124

DOCKET: C53092

BEFORE: Feldman, Sharpe and Simmons JJ.A.

BETWEEN

Anita Siu Lai Chan

Plaintiff (Appellant)

and

James Holland Barrister and Solicitor, Anthony Sik Kong Ngai and Anthony Richardson & Associates

Defendants (Respondents)

and

Sue Chen, Kai Kwong Yeung and Yeung & Associates

Third Parties

COUNSEL:

Diana Edmonds, for the appellant

Natalie Leon, for the respondent Anthony Ngai

Heard: November 22, 2011

On appeal from the judgment of Justice James M. Spence of the Superior Court of Justice dated December 3, 2010.

APPEAL BOOK ENDORSEMENT

[1] In our view, the motion judge did not err in granting summary judgment in this case. Based on the record, he essentially concluded that there is no air of reality to the appellant’s claim that she believed the respondent was pursuing her tort claim.

[2] The appeal is therefore dismissed with costs fixed at $7,500 inclusive of disbursements and H.S.T.