Patrick T. Summers

The appellant appealed from a judgment of the Superior Court of Justice.

The Court of Appeal dismissed the appeal, finding it to be fact-driven and concluding that the appellant had not overcome the high hurdle required to overturn a trial judge's findings of fact.

Costs were awarded to the respondent in the amount of $5,000.

The appellant appealed a summary judgment dismissing his action for solicitor negligence.

The Court of Appeal dismissed the appeal, finding no genuine issue for trial on the issue of damages.

The court held that even on the appellant's new theory, there was no evidence that he suffered any damages due to the negligent advice, as the theories were based on speculation and contradicted by his own affidavit.

The appellants challenged a civil jury verdict, arguing that the apportionment of damages was perverse and that the award of pre-judgment interest should be varied.

The court held that appellate interference with a jury's apportionment is subject to an exceptionally high threshold and found that threshold was not met on the evidence.

The court also rejected the argument that a post-judgment interest rate should effectively replace pre-judgment interest from the date the trial ought to have occurred.

The appeal was dismissed with costs.