Solicitors acting for Promoters
In Delgrosso v. Paul (1999), 45 O.R. (3d) 605, Mr. Justice Sharpe certified a class for claims against a solicitor who had no direct contractual relationship with the plaintiffs. The solicitor acted in connection with various syndicated mortgages that the plaintiffs alleged were part of a scheme by a third party to divert monies to the third party’s own account. The plaintiffs lost money when the scheme collapsed. The plaintiffs held mortgages in self-directed RRSP plans established by the third party in respect of which the solicitor had acted. The court held that there were common issues which could be advanced without the need to inquire of the individual circumstances of each member of the class. Leave to appeal was denied at [1999] O.J. No. 2922. See also Abdool v. Anaheim Management Ltd. (1995), 121 D.L.R. (4th) 496.