Heydary Hamilton Professional Corporation v. Hanuka
Heydary Hamilton Professional Corporation v. Hanuka, 2010 ONCA 881
Ontario Court of Appeal
December 21, 2010
Heydary Hamilton PC, a Toronto-based law firm commenced an action against Davis Moldaver LLP and Ben V. Hanuka, among others, as a result of certain clients having terminating their retainer of Heydary Hamilton and subsequently retaining Mr. Hanuka and Davis Moldaver LLP to represent them.
Mr. Hanuka’s counsel, David Silver of Kestenberg Siegal Lipkus LLP was successful in having Heydary Hamilton’s Statement of Claim struck on the basis the is had no reasonable chance of success. The Motions Judge held that the decision in Manning v. Epp, 2006 CanLII 24126, affirmed by the Court of Appeal at 2007 ONCA 390, determined the entire issue in favour of Mr. Hanuka.
The Ontario Court of Appeal upheld the Motions Judge’s decision in its entirety. This decision is important, and frequently cited, as it stands to uphold a client’s unfettered right to terminate its retainer of a lawyer or law firm at any time, and to retain new counsel of its choosing.