Sweda Farms Ltd. has filed a $30-million lawsuit against its lawyer, Donald Good, who handled Sweda’s lawsuits against Burnbrae Farms Ltd., L.H. Gray and Son Ltd. and the Egg Farmers of Ontario marketing board.
Sweda claims Good was negligent in handling the case against Burnbrae.
The original lawsuit was filed in 2008 and was amended in 2011 to incorporate Gray and the egg board in a lawsuit that claimed they conspired together against Sweda.
Justice David Corbett dismissed the lawsuit against Burnbrae in February, 2014, and Sweda lost again at the Ontario Court of Appeal. Corbett made Sweda pay Burnbrae’s legal costs, a total of $670,000 which Sweda has added to its lawsuit against Good.
Corbett laid out the grounds Sweda is citing in its lawsuit against Good, saying the allegations were sweeping and vague, that the lawsuit was not well organized to present evidence against each of the many charges laid, that “the pursuit of production (of documents and information) from Burnbrae was less than diligent” and that “Sweda failed to ‘put its best foot forward’ and demonstrate evidence on which it could succeed at trial”.
Corbett also said Good failed to provide “evidence of losses” and that if there were losses, that Burnbrae was responsible.
Sweda further complains in its lawsuit that Good retained lawyer Robert Morrow to help with the case, but did not inform Sweda and obtain its consent.
Similarly, it did not inform Sweda or obtain its consent when Good merged his practice with AGB lawyers.
The original lawsuit Sweda filed against Burnbrae in 2008 claimed $30 million for breach of contract, breach of confidence, defamation and “intentional interference with economic and contractual relations”.
That lawsuit arose after Burnbrae’s offer to buy Sweda fell through.
The lawsuit against Gray and the egg board is ongoing.
Good could not be contacted promptly for a response to Sweda’s lawsuit.