Case Origin: The case arose from a negligence claim by Ms. Leung against Mr. Gill, a lawyer appointed by the Insurance Corporation of British Columbia (ICBC) to defend her in a motor vehicle accident lawsuit (Shamtanis action).
Key Facts:
Ms. Leung was involved in a car accident in 2018 and was later sued by the other driver.
ICBC appointed Mr. Gill to represent Ms. Leung.
Ms. Leung claimed Mr. Gill acted negligently and fraudulently by filing a response that included statements she believed to be false, such as claims of impairment.
Legal Proceedings:
Lower Court Decision: The Supreme Court of British Columbia dismissed Ms. Leung's claim, stating there were no damages as required for a negligence claim.
Court of Appeal's Analysis:
Negligence Claim: The appeal was dismissed because no damages resulted from the alleged negligence (late filing, communication issues). Without damages, a negligence claim cannot succeed.
Fraud Claim: The court found that the statements in the pleadings were not considered evidence and did not constitute fraud. The judge emphasized that pleadings are not taken as factual evidence of dishonesty in court.
Conclusion:
The Court of Appeal dismissed Ms. Leung’s appeal, affirming the lower court's decision. The court ruled that both the negligence and fraud claims were unfounded due to the lack of damages and the non-evidentiary nature of pleadings.
