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.
