MRAICHE INVESTMENT CORPORATION v MCLENNAN ROSS LLP, 2012 ABCA 95
RITTER, MARTIN and WATSON JJA
7.3: Summary Judgment (Application and decision)
A solicitor took instructions from a client to transfer properties of a client. The Statement of Claim alleged that the solicitor was liable for “the tort of conspiracy to defraud a creditor of the client…”. It was alleged that the conveyance was a fraudulent diversion of assets.
The Plaintiff appealed the Summary Dismissal of its Claim. The Court of Appeal upheld the Chamber Justice’s Decision, who had found that the claim against the Defendant had no merit, was purely speculative and had no chance of success. The Court of Appeal concluded that to defeat the Summary Dismissal Application, the Plaintiff needed to show there was triable case with respect to all of the required elements of the tort of conspiracy. It was not enough if the only thing shown was “some evidence of some parts of the tort ‘if there was’ no evidence of any one or more essential ingredients”.View CanLII Details