Gayle v. Cambridge Mercantile Corp

Firms involved

Not specified, Stockwoods LLP
Sharna Gayle
Law Firm
Not specified
Lawyer(s)

Michael B. Lesage

Wesley Kerr
Law Firm
Not specified
Lawyer(s)

Michael B. Lesage

Cambridge Mercantile Corp.
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Jason Squire
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Lerners LLP
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Mark Freiman
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Rebecca Shoom
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Jacques Feldman
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Bernard Heitner
Law Firm
Stockwoods LLP
Lawyer(s)

Luisa Julie Ritacca

Olivia Eng

Summary: The case involves Sharna Gayle and Wesley Kerr suing their former legal representatives for $20 million alleging breach of contract, breach of fiduciary duty, and negligence. Their claims relate to a prior wrongful dismissal action and settlement with Cambridge Mercantile Corporation, which they assert was influenced improperly by their lawyers due to an alleged conspiracy.

Key Points:

  • Alleged Conspiracy and Negligence: Plaintiffs allege that their lawyers secretly collaborated with Cambridge to induce an improvident settlement, prioritizing Cambridge’s interests because of personal and religious affiliations, rather than the plaintiffs'.
  • Wrongful Dismissal and Settlement: Gayle was terminated from Cambridge and received a settlement mediated to resolve her wrongful dismissal claim. She and Kerr later contested the adequacy of this settlement, claiming it was influenced by their lawyers' conflicting interests.
  • Court's Decision: The motion for summary judgment by the defendants (the lawyers and law firm) was granted, dismissing the action. The court found no genuine issues requiring a trial, particularly noting the plaintiffs' inability to demonstrate that the alleged conspiracy affected the legal representation.

Outcome: The court dismissed the action, emphasizing that there was no evidence supporting the alleged conspiracy or that the settlement was affected by the lawyers' actions. The decision reflects a clear judicial stance on the necessity of substantial evidence to proceed in claims involving complex allegations of professional misconduct and conspiracy. No amount for costs specified.

Superior Court of Justice - Ontario
CV-18-3008-00
Labour & Employment Law
Defendant