Rebecca S. Studin

The plaintiff and third party brought motions for summary judgment against the defendant regarding an equipment lease for a commercial printer.

The defendant had stopped making lease payments, alleging the printer was defective, but had signed agreements containing broad exclusion clauses.

The court found the exclusion clauses were neither unconscionable nor contrary to public policy, noting the defendant was a sophisticated commercial entity that chose not to read the contracts.

The court granted summary judgment for both the plaintiff and third party, awarding damages and costs, and strongly criticized the defendant's failure to file a factum.

The defendants brought motions to strike the plaintiffs' statement of claim for professional negligence.

The plaintiffs alleged negligence against a lawyer and a capacity assessor involved in a guardianship application for the plaintiff's mother.

The court struck the statement of claim in its entirety, finding it disclosed no reasonable cause of action against the capacity assessor or the lawyer for two of the plaintiffs.

The court also found the pleading was scandalous, frivolous, and vexatious.

The corporate plaintiff's claim was additionally struck for failing to be represented by counsel.

One plaintiff was granted leave to amend the claim against the lawyer defendants only.