Lavender v. Miller Bernstein LLP,,

JurisdictionOntario
JudgeEpstein, van Rensburg and Brown JJ.A.
Citation2018 ONCA 729
Date05 September 2018
CourtCourt of Appeal (Ontario)
Docket NumberC64207

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28 practice notes
  • COURT OF APPEAL SUMMARIES (JANUARY 18 – 22, 2021)
    • Canada
    • LexBlog Canada
    • January 24, 2021
    ...2000 CanLII 1109, (NB QB), rev’d 2001 NBCA 118, Neufville v. Sobers, 1983 CarswellOnt 2621 (Ont. H.C.), Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Haskett v. Trans Union of Canada Inc., (2003), 63 O.R. (3d) 577 (C.A.), leave to appeal ......
  • Court Of Appeal Summaries (June 1 ' 5, 2020)
    • Canada
    • Mondaq Canada
    • June 16, 2020
    ...38915, Arora v. Whirlpool Canada LP, 2013 ONCA 657, leave to appeal refused, [2013] S.C.C.A. No. 498, Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Martel Building Ltd. v. Canada, 2000 SCC 60, Mandeville v. The Manufacturers Life Insuranc......
  • Court Of Appeal Summaries (January 18 ' 22, 2021)
    • Canada
    • Mondaq Canada
    • January 25, 2021
    ...2000 CanLII 1109, (NB QB), rev'd 2001 NBCA 118, Neufville v. Sobers, 1983 CarswellOnt 2621 (Ont. H.C.), Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Haskett v. Trans Union of Canada Inc., (2003), 63 O.R. (3d) 577 (C.A.), leave to appeal ......
  • Da Silva v River Run Vistas Corporation, 2018 ABQB 869
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2018
    ...example of the impact of Livent is the decision of the Ontario Court of Appeal in Lavender v Miller Bernstein, 2017 ONSC 3958, reversed 2018 ONCA 729. In that case, the motions judge on a summary judgment application found that an auditor owed a duty of care in negligence to the clients of ......
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14 cases
  • Da Silva v River Run Vistas Corporation, 2018 ABQB 869
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2018
    ...example of the impact of Livent is the decision of the Ontario Court of Appeal in Lavender v Miller Bernstein, 2017 ONSC 3958, reversed 2018 ONCA 729. In that case, the motions judge on a summary judgment application found that an auditor owed a duty of care in negligence to the clients of ......
  • Wright v. Horizons ETFS Management (Canada) Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • June 1, 2020
    ...pure economic loss, “such claims warrant more rigorous examination than other claims for negligence”: Lavender v. Miller Bernstein LLP, 2018 ONCA 729, 142 O.R. (3d) 401, at para. 72, leave to appeal refused, [2018] S.C.C.A. No. 488, citing Martel Building Ltd. v. Canada, 2000 SCC 60, [2000]......
  • Smitten Baby Products Inc. v FirstOnSite Restoration Ltd,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2025
    ...22–23; Maple Leaf, at para. 29. 15 Livent, at para. 26; Mustapha, at para. 5; Maple Leaf, at para. 22; Lavender v. Miller Bernstein LLP, 2018 ONCA 729, 142 O.R. (3d) 401, at para. 33. 16 Livent, at para. 26; Mustapha, at para. 5; Maple Leaf, at para. 23. 17 McDonald v. Toronto-Dominion Bank......
  • Zentner v. GFA World,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 17, 2022
    ...clear authority of decisions in Hercules Managements Ltd. v. Ernst & Young, [1997] 2 S.C.R. 165 and Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused [2018] S.C.C.A. No. 488. [63]        Zentner draws a contrast between the decis......
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14 firm's commentaries
  • COURT OF APPEAL SUMMARIES (JANUARY 18 – 22, 2021)
    • Canada
    • LexBlog Canada
    • January 24, 2021
    ...2000 CanLII 1109, (NB QB), rev’d 2001 NBCA 118, Neufville v. Sobers, 1983 CarswellOnt 2621 (Ont. H.C.), Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Haskett v. Trans Union of Canada Inc., (2003), 63 O.R. (3d) 577 (C.A.), leave to appeal ......
  • Court Of Appeal Summaries (June 1 ' 5, 2020)
    • Canada
    • Mondaq Canada
    • June 16, 2020
    ...38915, Arora v. Whirlpool Canada LP, 2013 ONCA 657, leave to appeal refused, [2013] S.C.C.A. No. 498, Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Martel Building Ltd. v. Canada, 2000 SCC 60, Mandeville v. The Manufacturers Life Insuranc......
  • Court Of Appeal Summaries (January 18 ' 22, 2021)
    • Canada
    • Mondaq Canada
    • January 25, 2021
    ...2000 CanLII 1109, (NB QB), rev'd 2001 NBCA 118, Neufville v. Sobers, 1983 CarswellOnt 2621 (Ont. H.C.), Lavender v. Miller Bernstein LLP, 2018 ONCA 729, leave to appeal refused, [2018] S.C.C.A. No. 488, Haskett v. Trans Union of Canada Inc., (2003), 63 O.R. (3d) 577 (C.A.), leave to appeal ......
  • Supreme Court Denies Leave to Appeal Dismissal of Auditor Negligence Claim
    • Canada
    • JD Supra Canada
    • May 7, 2019
    ...threshold applicable where claims in pure economic loss are asserted against auditors by anyone other than the auditor’s client. Notes 1. 2018 ONCA 729, leave to appeal denied at 2019 CanLII 37473 (SCC). 2. 2017 ONSC 3958 (SCJ). 3. [1997] 2 SCR 165 (SCC). 4. 2017 SCC Robert StaleyPreet Bell......
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