Legal Blog

Admissions – Withdrawal

Boyadjian v. Durham (Regional Municipality) 2016 Ont SCJ

Personal injury action languished for 3 years. Plaintiff’s counsel attended at a status hearing that was very much contested by the defendants. The lawyer was successful in obtaining leave to continue the action on behalf of the plaintiff (rather than having the action dismissed) after demonstrating his own personal problems that caused the action not to be prosecuted diligently. In doing so, the lawyer assured the judge that there was no damages claim for loss of income and that the case was relatively minor that could be tried within the simplified procedure rules. The plaintiff then obtained a new lawyer who moved to amend the statement of claim and increase the damages past the simplified rules monetary claims and claim for loss of income. The judge refused the amendment noting that the defendants had lost their right to appeal the decision of the judge in the status hearing and that the plaintiff was bound by statements made by her counsel as an officer of the court and as her representative.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.