Conspiracy Claim Against Lawyers Dismissed

• Published date: 04 August 2022
• Law Firm: Gardiner Roberts LLP
• Author: Mr Stephen Thiele, James R.G. Cook and Dara Hirbod

Conspiracy is a complicated tort. In order to succeed in such a claim, a plaintiff is required to establish various elements. Where those elements do not exist, a defendant can bring a summary judgment motion to have the claim dismissed.

Locke v. Sultana

In Locke v. Sultana, 2022 ONSC 4347, the defendants, who included lawyers that acted for the plaintiff's ex-spouse, successfully obtained summary judgment to dismiss the plaintiff's actions for conspiracy and other causes of action on the grounds that there were no genuine issues for trial.

The plaintiff had originally commenced an action against his ex-spouse in connection with the transfer of her interest in their matrimonial home to herself as a tenant-in-common. That transfer severed their prior ownership interest as joint tenants.

The ex-spouse's transfer had been recommended by her family law lawyer, Sultana, and was carried out by a real estate lawyer, Murphy.

In an action commenced against his ex-spouse, the plaintiff sought a declaration that he owned a 100% beneficial interest in the matrimonial home and that the ex-spouse's transfer was void under the Fraudulent Conveyances Act.

The plaintiff then commenced two further actions. In the second action, the plaintiff sued his ex-spouse...