2 total
Appeal dismissed; third party claim against landlord's lawyer for economic duress struck for disclosing no reasonable cause of action.
The appellants, commercial tenants, were locked out by their landlord for rent arrears.
To regain entry, they signed minutes of settlement and a promissory note guaranteeing the landlord's lawyer's fees.
When sued on the settlement, the appellants brought a third party claim against the lawyer for economic duress.
The Court of Appeal upheld the motion judge's decision to strike the third party claim, finding that the lawyer's routine conduct in advancing her client's position did not constitute the illegitimate pressure required for economic duress.
Motion for leave to appeal a decision setting aside a security for costs order dismissed.
The defendants brought a motion for leave to appeal to the Divisional Court from a decision setting aside a Master's order requiring the plaintiff to post security for costs.
The court found that the lower court's brief decision was based on well-settled law and did not raise an issue of significance meriting the attention of the Divisional Court.
The motion for leave to appeal was dismissed with costs awarded to the respondent.
