Court of Appeal for Ontario

CITATION: Roberge v. Munro, 2015 ONCA 216

DATE: 20150330

DOCKET: C58831

BEFORE: Sharpe, Pepall and van Rensburg JJ.A.

BETWEEN

Marie-Louise Roberge

Appellant

and

Michael James Munro Barrister and Solicitor

Respondent

COUNSEL:

Marie-Louise Roberge, in person

No one appearing for respondent, Michael James Munro

HEARD AND RELEASED ORALLY: March 26, 2015

On appeal from the judgment of Justice Thomas J. Carey of the Superior Court of Justice, dated May 6, 2014.

ENDORSEMENT

[1] The appellant noted her former solicitor in default and the matter proceeded for an assessment of damages. The trial judge gave considered reasons concluding that, while the solicitor had not served the appellant well, the appellant had failed to establish any damages arising from the dismissal of her two actions the solicitor was handling.

[2] Before us, the appellant filed a motion for fresh evidence which we considered, even though it had not been presented in accordance with the Rules. The trial judge provided no explanation for why the appellant should not have judgment for the $5,000 retainer he found that she had paid the former solicitor. In our view, she is entitled to judgment in that amount. We are not persuaded, however, that there is anything in the record or in the fresh evidence to establish any other damages resulting from her solicitor’s actions. We note as well, that all of the fresh evidence could have been obtained through reasonable diligence before the trial. The motion for fresh evidence is therefore dismissed.

[3] Accordingly, we allow the appeal, grant judgment for $5,000, and award the appellant costs of the proceedings both here and below in the total amount of $5,000.

“Robert J. Sharpe J.A.”

“S.E. Pepall J.A.”

“K. van Rensburg J.A.”