Case information
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32966
Merchant Law Group v. Clifford Chudy, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-04-28 | Close file on Leave | |
| 2009-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-04-24 | Judgment on leave sent to the parties | |
| 2009-04-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034921, 2008 BCCA 484, dated November 26, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2009-03-26 | Correspondence received from, J. Beedell dated March 26/09 re: enclosing a supplementary authority (sent to the judges March 30/09) | Merchant Law Group |
| 2009-03-09 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-02-06 | Applicant's reply to respondent's argument, Completed on: 2009-02-06 | Merchant Law Group |
| 2009-02-03 | Correspondence received from, James Carpick dated Feb. 3, 2009. Re: Return of C/A order form | Merchant Law Group |
| 2009-01-29 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-29 | Clifford Chudy |
| 2009-01-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-01-09 | Book of authorities | Merchant Law Group |
| 2009-01-09 | Application for leave to appeal, C/A order missing, Completed on: 2009-04-23 | Merchant Law Group |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Merchant Law Group | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chudy, Clifford | Respondent | Active |
| Chudy, Linda | Respondent | Active |
Counsel
Party: Merchant Law Group
Counsel
Jeffrey Beedell
2900 - 595 Burrard St
PO Box 49130
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (608) 632-4433
Email: dbk@owenbird.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Chudy, Clifford
Counsel
James C. MacInnis
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.bc.ca
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Chudy, Linda
Counsel
James C. MacInnis
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.bc.ca
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Courts - Jurisdiction - Civil proceedings - Pleadings - Common law - Equity - Relief - Quantum meruit - Clean hands - Contracts - Validity - Damages - Fiduciary duty - Attorneys - When may a judge act ex mero motu without notice to the parties - Whether a claim for services rendered in quantum meruit may be defeated by a purely equitable defence.
The Respondents retained a lawyer to act as counsel in a lawsuit following a truck accident. The lawyer’s law firm ceased operation and the lawyer continued to represent the Respondents as a sole practitioner. He then joined the Applicant as an associate. Shortly thereafter, he declared personal bankruptcy and was denied a licence to practice law. However, he continued to represent the Respondents in their lawsuit during mediation that led to a settlement. After agreeing to a settlement, the Respondents were asked to enter into a contingency fee agreement with the Applicant. They executed an agreement and the Applicant deducted amounts from the settlement fund for fees and disbursements. The Respondents retained alternate counsel and brought an action for a declaration that the agreement with the Applicant was void and unenforceable. They sought an accounting of monies received by the Applicant, payment of settlement funds owing to them, punitive damages and special costs.
Lower court rulings
Supreme Court of British Columbia
S052613, 2007 BCSC 279
Respondents awarded damages of $231,741.74 for breach of fiduciary duty, $18,662.43 for conversion and breach of fiduciary duty, and $50,000 punitive damages
Court of Appeal for British Columbia (Vancouver)
CA034921, 2008 BCCA 484
Appeal allowed in part, damages reduced by $27,413.58. Cross-appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available