Wayne S. Laski

The appellant, Wayne Laski, and the Estate of Harold Morton Laski appealed a motion judge's decision to strike their action against BMO Nesbitt Burns Inc. and Norman Yu.

The action alleged negligent misrepresentation and breach of disclosure duty related to a transfer of securities from Harold Laski to a joint account with Wendi Laski, which passed by right of survivorship outside the estate.

The motion judge struck the estate's claim for non-compliance with procedural rules and the appellant's personal claim based on issue estoppel, collateral attack, abuse of process, and lack of duty of care/damages.

The Court of Appeal dismissed the appeal, upholding the motion judge's discretionary decision to proceed with the motion in the appellant's absence due to repeated non-compliance with adjournment conditions.

The court also affirmed the striking of the personal claim, finding no error in the application of issue estoppel and noting the appellant's failure to demonstrate damages.

The plaintiffs brought a motion seeking the appointment of the Public Guardian and Trustee as litigation guardian for three defendants (Ruby, Louis, and Sylvia Kakoutis), the return of a $10,000 deposit, and the removal of certain internet postings.

The court ordered defendant Louis Kakoutis to undergo a mental examination under section 105(2) of the Courts of Justice Act, finding that he had put his mental state in issue through his counterclaim.

The court declined to appoint a litigation guardian for Ruby and Sylvia Kakoutis due to a lack of current medical evidence and refused to order the removal of internet postings, citing a lack of jurisdiction in the current proceeding.

The return of the deposit was deferred pending resolution of the litigation guardian issue.