COURT OF APPEAL FOR ONTARIO

CITATION: Turczinski v. Mang, 2016 ONCA 77

DATE: 20160125

DOCKET: C60690

Doherty, Pepall and Benotto JJ.A.

BETWEEN

Adela Turczinski

Appellant (Plaintiff)

and

Ian Mang and Mang & Steinberg Professional Corporation

Respondents (Defendants)

Jayson W. Thomas, for the appellant (plaintiff)

Michael R. Kestenberg, for the respondents (defendants)

Heard: January 21, 2016

On appeal from the order of Justice Grant Dow, of the Superior Court of Justice, dated June 4, 2015.

APPEAL BOOK ENDORSEMENT

[1] We agree with the respondent that the motion judge’s determination of the causation issue was central to the outcome of the summary judgment motion on both the negligence and negligent misrepresentation claims.

[2] We also agree that the “but for” test for causation applied. There is no reason to apply the material contribution test in these circumstances.

[3] We also accept his submission that the conduct of the solicitor retained after the respondent effectively broke the chain of causation for the purposes of determining “but for” causation as against the respondent.

[4] The appeal must be dismissed. Costs in the amount of $8,500 “all in” in favour of the respondent.