On April 7, 2021, in Goldentuler v. Simmons
Dasilva LLP, 2021 ONCA 219 (CanLII) the Court of Appeal
dismissed the Plaintiff lawyer's claim for negligence against
the Defendant lawyers on the basis that the Defendants had not been
retained by the Plaintiff, and therefore the Plaintiff had no legal
capacity to sue the Defendant lawyers.
Background
The Plaintiff, as trustee of the Estate of his late brother
(also a lawyer), had retained the Defendants to pursue a claim on
the behalf of the Estate. The claim resulted in a judgment for the
Estate. Thereafter, a dispute arose between the Plaintiff and the
Defendant lawyers. The Plaintiff then sued them in his own name.
The Motions Judge found that the Plaintiff did have the capacity to
sue in his own name.
