Furney v. Robins Appleby LLP
MARYAM FURNEY
Law Firm / Organization
Self Represented
AIDAN ALEX FITZGERALD FURNEY
Law Firm / Organization
Not Specified
ROBINS APPLEBY LLP
Law Firm / Organization
Kestenberg Litigation LLP
IRVING MARKS
Law Firm / Organization
Kestenberg Litigation LLP
ELLAD GERSH
Law Firm / Organization
Kestenberg Litigation LLP
JONATHAN PREECE
Law Firm / Organization
Kestenberg Litigation LLP
JOEY JAMIL
Law Firm / Organization
Kestenberg Litigation LLP

2025 ONSC 740 (Claim Dismissal)

  • The plaintiffs, Maryam Furney and Aidan Alex Fitzgerald Furney, sued Robins Appleby LLP and four lawyers, alleging negligence and conflict of interest.
  • They claimed senior counsel wrongly delegated work, the firm abandoned them, and there was a conflict of interest due to the defendants’ alleged relationship with a mortgagee on their home.
  • The defendants sought summary judgment, arguing the claim was:
    • Statute-barred under the Limitations Act, 2002.
    • Unsupported by expert evidence on breach of the standard of care.
    • Lacking evidence of damages.
  • The court granted summary judgment, dismissing the claim entirely, finding:
    • The allegations of negligence were known to the plaintiffs since 2018, exceeding the two-year limitation period.
    • No evidence of a conflict of interest or ongoing relationship between the defendants and the mortgagee.
    • The plaintiffs failed to provide expert evidence required for a professional negligence claim.

2025 ONSC 1073 (Costs Awarded)

  • Defendants sought $44,620.31 in legal costs.
  • Plaintiffs objected, citing billing errors and arguing costs were excessive.
  • The court acknowledged a minor billing mistake and adjusted the amount.
  • The plaintiffs were ordered to pay $43,500 on a partial indemnity basis within 30 days.

Final Outcome:

  • The plaintiffs' claim was dismissed.
  • They must pay $43,500 in costs to the defendants.
Superior Court of Justice - Ontario
CV-23-00696858-0000
Civil litigation
$ 43,500
Defendant