Court of Appeal for Ontario
Date: 2019-01-25 Docket: C65312
Judges: Strathy C.J.O., Pepall and Fairburn JJ.A.
Between
Valerie Barkley and Ronald Beaupre Plaintiffs/Appellants
and
Tier 1 Capital Management Inc., Dowarka Persaud, T1CM Principal Secured Mortgages Inc., Preeya Persaud, Patrick W. Jackson, John Lally, John G. Simmonds, J. Paul Fletcher, Fletcher & Crichlow LLP, Olympia Trust Company, KMJ & Associates Ltd., Robert W. Gowdy, Mondville Holdings Ltd., Nicholas Dookhie, Diane Chetram, John Doe and Jane Doe Defendants/Respondents
Counsel
Mitchell Wine, for the appellants
Ryan Morris and Daniel Szirmak, for the respondent Olympia Trust Company
Murray Stieber and Chris Afonso, for the respondents KMJ & Associates Ltd. and Robert W. Gowdy
Heard: January 24, 2019
On appeal from: the order of Justice Paul M. Perell of the Superior Court of Justice, dated March 26, 2018.
Appeal Book Endorsement
[1] This is an appeal from a decision refusing to certify a class action against the three respondents and dismissing the claims against them on the basis that the claims disclose no reasonable cause of action under s. 5(1)(a) of the Class Proceedings Act, 1992.
[2] The appellants concede that the motion judge made no error in law. Their complaint lies in his application of the principles relating to the duty of care to the facts of this case and, in particular, the facts as they relate to the respondents.
[3] The motion judge gave thorough reasons justifying his conclusions – reasons which we find correct. It is plain and obvious that the appellants have pleaded no reasonable cause of action against the respondents.
[4] We are not satisfied that the motion judge made any error in principle in his assessment of costs, or that the award was plainly wrong.
[5] For these reasons, the appeal is dismissed.
[6] Costs to the respondents each in the amount of $10,000, inclusive of disbursements and all applicable taxes.