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ARTICLE · 07 AUGUST 2017

One Small Step For Summary Judgements, One Giant Leap For Efficiency

McCague Borlack LLP
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ONSC Judge expands the utility of summary judgement motions.

CanadaLitigation, Mediation & Arbitration
Howard Borlack
Howard Borlack
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ONSC Judge expands the utility of summary judgement motions



The Ontario Superior Court's recent decision in Fairfield Sentry Limited et al v PWC et al signals a widening role for summary judgement procedures.

This action arises from the infamous Ponzi scheme perpetrated by Bernie Madoff until 2008. The plaintiff's, through the liquidators, brought this action against Price Waterhouse Cooper and Stephen Wall (collectively PWC") claiming breach of contract and/or negligence for not raising concerns about the Bernard L. Madoff Investment Securities LLC during their audit of the Fairfield Funds on April 24, 2007. The plaintiffs claimed because of PWC's failure to discover Madoff's scheme, they suffered monetary losses.

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