Dismissed claims related to lawyers' work preparing for hearing
The Ontario Court of Appeal has upheld the striking of a claim against the lawyers who represented a former employer in a wrongful dismissal case for work performed in preparation for trial.
In Tewari v. McHenry, 2022 ONCA 335, Tewari sued his former employer for wrongful dismissal before the Ontario Labour Relations Board. His employer was represented by McHenry. Tewari then sued McHenry for various causes of action. The motion judge struck down his claim entirely since McHenry’s work was covered by absolute privilege.
On appeal, Tewari alleged that the motion judge should not have struck his claim without leave to amend. He argued that his claim was novel, and that McHenry should not be immune from liability for their conduct.
The appellate court disagreed.
The motions judge found that all of Tewari’s claims related to McHenry’s work as a lawyer for the employer in preparation for a court or tribunal proceeding, which Tewari did not contest, said the court.
The court found that McHenry had no duty to Tewari, since their duty in litigation was to their client. Further, there was no “error in the motion judge’s decision to refuse to grant leave to amend this wholly deficient Statement of Claim,” said the court.
