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.
