Sean Lawlor

The defendant lawyer moved for summary judgment to dismiss a professional negligence claim against him.

The plaintiff alleged the lawyer negligently failed to ensure her ex-husband maintained an irrevocable life insurance beneficiary designation under an interim separation agreement.

The court granted summary judgment, finding that the interim agreement was superseded by a final separation agreement negotiated by a different lawyer, which fundamentally changed the insurance obligations and did not require an irrevocable designation.

The court concluded there was no genuine issue requiring a trial as the defendant's actions did not cause the plaintiff's loss.

Following multiple related motions arising from construction disputes concerning steel connections at a university project, the court addressed the issue of costs.

The motions involved claims for summary judgment, limitation defences, dismissal of counterclaims, and issues under the Construction Lien Act.

The outcomes of the underlying motions were divided among the parties.

The court held that the mixed results and the procedural posture of overlapping claims justified denying costs to all parties.

Multiple motions were brought in three related actions arising from the failure of steel connections on a construction project.

Tribury sought to declare Sandro's construction lien expired and dismiss the lien action.

The court declared the lien expired but allowed the action to continue as a breach of contract claim.

Edward and Tribury also moved for summary judgment to dismiss Sandro's claims, counterclaims, and crossclaims based on the expiration of the limitation period.

The court found that an agreement to mediate suspended the limitation period under section 11 of the Limitations Act.

Consequently, Sandro's 2010 action and its crossclaim for contribution and indemnity were timely.

However, Sandro's counterclaim and crossclaim for remediation costs in the 2009 action were delivered after the extended limitation period expired and were dismissed.