NDrive, Navigation Systems S.A. v. Zhou 2022 Ont CA
A person (the rep) who was supposed to be assisting the plaintiffs in an arbitration did all sorts of nasty things; in particular, he kept the plaintiff’s settlement money without even notifying the plaintiff of the settlement. The plaintiffs commenced an action against the rep and the lawyers who had acted for the plaintiffs in the arbitration. The plaintiffs moved for and obtained partial summary judgment against the rep for the amount improperly retained and punitive damages. The court agreed that partial summary judgment was proper. There was no risk of duplicative or inconsistent decisions in the remaining portion of the action and the issues regarding the remaining defendant were factually related, but not legally similar, to the issues dealt involving the rep.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.