Friday, April 29, 2011

Solicitor's negligence claim can be assigned

Gentra Canada Investments Inc.  v.  Lipson, 2011 ONCA 331 holds that a claim for solicitor's negligence can be assigned:

[36]         In my view, if the language of the assignment in this case supports the inclusion of the cause of action in solicitor's negligence against the appellants, such an assignment is valid.  I agree with the finding of the motion judge that Gentra Canada clearly has a legitimate commercial interest in such cause of action.  I am also of the view that the cause of action is ancillary to Gentra Canada's property interest in the two mortgages.  I am satisfied, as well, that the alleged tort in this case is not a personal tort as described by the court in Fredrickson.

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