Michael’s Law Firm Blog

Discoverability and Professional Relationships

Michael Lesage Michael Lesage   April 24, 2017

Recently, in Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325, the Court of Appeal again addressed the discoverability doctrine within the scope of professional relationships. This decision is likely to have significant implications in cases involving professional negligence. The facts of the Presidential MSH Corporation (Presidential) case were relatively straightforward. Presidential…

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Defamation – Collection of Damage Awards

Michael Lesage Michael Lesage   April 10, 2017

Though defamation lawsuits are relatively rare, (likely owing to their cost and the fact that insurance coverage is not commonly available), damage awards can still be substantial, as illustrated in the recent McNairn v Murphy, 2017 ONSC 1678 (CanLII) case. In that decision, Justice Beaudoin canvassed awards from a number of other defamation cases, making…

Canadian Medical Protective Association (CMPA) Loses in Court

Michael Lesage Michael Lesage   March 19, 2017

In the recent Goodwin v Nadel, 2017 ONSC 1641 (CanLII) case, the Ontario Superior Court struck a doctor’s limitations defence, despite the fact that the claim was not brought for 11 years after treatment. This result is significant, in that it reaffirms that in certain instances of alleged professional negligence, the ‘discoverability doctrine’ will apply,…

Pro Se – Penny Wise and Pound Foolish

Michael Lesage Michael Lesage   February 24, 2017

The legal system can be a dangerous place to go it alone, as the recent Lippa v. Colletta, 2017 ONSC 1122 (CanLII) case illustrates. The facts in the Lippa case are relatively straightforward. In October 2009, Ms. Lippa was looking to purchase a home. She retained realtor Hal Latimer to assist her, and Mr. Latimer…

Important Court of Appeal Decision – Legal Malpractice

Michael Lesage Michael Lesage   February 20, 2017

Factual Background In 2007, Darren and Lillian Jarbeau (hereafter ‘Jarbeau’) purchased a new home in North Bay, built by Thermolith Homes, for $270,000.00. The home was a pre-fabricated structure built in Belgium and assembled on site. It leaked (due to improper water barrier installation), was defective and did not meet Ontario’s building code. Jarbeau then…