13 Jun 2023
Gayle v Cambridge Mercantile Corp.
In the case of Gayle v Cambridge Mercantile Corp dated June 13, 2023, the plaintiff, Sharna Gayle, filed a motion to amend the Amended Statement of Claim in a solicitor's negligence action against defendants Lerners LLP. The background of the case included Ms. Gayle being an employee of Cambridge Mercantile Corp. under a written Memorandum of Agreement (MOA) that specified her compensation structure. She was terminated in June 2015 and retained Lerners LLP to commence a wrongful termination action against Cambridge, which was subsequently dismissed.
In the Solicitor's Negligence Action, the plaintiff claimed that Lerners was negligent in their representation and that they breached their fiduciary duty by favoring Cambridge's interests over hers during the mediation. She alleged that Lerners caused her to accept an improvident settlement.
The plaintiff sought to amend the Statement of Claim to increase damages from $1,000,000 to $20,000,000 for breach of contract, negligence, and breach of fiduciary duty. Additionally, the proposed amendments aimed to provide more details of Lerners' alleged negligence and breach of duty.
The court ruled that the plaintiff's motion to amend the Amended Statement of Claim had been dismissed, except for paragraph 1, which allowed an increase in the damages claimed. The parties were given two weeks to submit their written submissions on costs, limited to 3 pages, along with any attached offers and authorities.