COURT OF APPEAL FOR ONTARIO

CITATION: Chaudhry v. Falconer Charney LLP, 2014 ONCA 427

DATE: 20140526

DOCKET: C57802

Doherty, Simmons and Tulloch JJ.A.

BETWEEN

Liaqat Chaudhry and 5 Star Haveli International

Plaintiffs (Appellants)

and

Falconer Charney LLP and Theodore P. Charney

Defendants (Respondents)

Alfred Schorr, for the plaintiffs (appellants)

Michael Kestenberg, for the defendants (respondents)

Heard: May 22, 2014

On appeal from the judgment of Justice Chiappetta of the Superior Court of Justice, dated October 9, 2013.

APPEAL BOOK ENDORSEMENT

[1] We think the motion judge properly determined that there was no genuine issue requiring a trial on the issue of damages as they related to the respondents’ alleged failure to complete the settlement documents before November 2008. As the motion judge observed, at para. 19:

There is no evidence the plaintiffs suffered a loss because the defendants failed to finalize the settlement by November 28, 2008.

[2] We agree with counsel for the appellants that a plaintiff is not required to quantify its loss to avoid summary judgment on a damages issue. A plaintiff is, however, required to demonstrate something in the record on the motion that would justify a finding that some loss had occurred. This material failed to do that. The action was properly dismissed.

[3] Costs to the respondents in the amount of $10,000, inclusive of taxes and disbursements.