Court of Appeal for Ontario

Citation: Panther Film Services Inc. v. Fred Tayar and Associates Professional Corporation, 2013 ONCA 399 Date: 2013-06-12 Docket: C56501

Before: Doherty, Simmons and Pepall JJ.A.

Between:

Panther Film Services Inc. and Diane Freitas Plaintiffs (Appellants)

and

Fred Tayar and Associates Professional Corporation, Fred Tayar, Mindy Ilene Tayar and Colby Stuart Linthwaite Defendants (Respondents)

Counsel: Pathik Baxi, for the plaintiffs (appellants) Sandra L. Secord, for the defendants (respondents)

Heard: June 12, 2013

On appeal from the order of Justice Beth Allen of the Superior Court of Justice dated December 19, 2012.

APPEAL BOOK ENDORSEMENT

[1] The motion judge held, at para. 18, that the allegations of negligence against their former solicitors advanced in the appellants’ statement of claim merely reiterated “in more detail” the allegations of negligence the appellants had made some three years earlier in this defence to the solicitors’ action for payment of their fees. We agree with that assessment. The action was properly dismissed as time barred.

[2] The appeal is dismissed. Costs to the respondents in the amount of $10,000 all inclusive.