Plaintiff
Defendant
Facts: Envirofix Corporation's construction lien expired due to its lawyer's failure to set the action for trial within two years, leading to a loss of $697,197.66 that was owed by the property owner. The property, contaminated with petroleum hydrocarbons, was sold in 2011 without any payment to Envirofix.
Issues: The case focused on whether the lawyer’s negligence caused Envirofix’s damages and what the quantum of those damages should be, considering the property's value and the lien's impact.
Court's Ruling: The court found the lawyer breached the standard of care, causing Envirofix to suffer losses. It rejected the exact value of the property as claimed by Envirofix but acknowledged a real loss occurred. Damages were assessed based on the estimated market value of the property, considering the outstanding mortgage and potential sale conditions.
Costs/Damages: Envirofix was awarded damages of $472,000, calculated based on the estimated market value of the property and the outstanding mortgage. Prejudgment interest at 0.8 percent from the date of lien registration was also awarded.
Court
Superior Court of Justice - OntarioCase Number
CV-16-56432Practice Area
Corporate & commercial lawAmount
$ 472,000Winner
PlaintiffTrial Start Date
Download documents