Tom Baker and Faskens

On January 25, 2000, the Ontario Court of Appeal released its decision in Fasken Marineau DuMoulin LLPv. Baker and Seven Up. John B. Laskin and John P. Koch of Torys represented Faskens and one of its predecessor firms, Campbell, Godfrey & Lewtas, and D. C. Moore of Bellmore & Moore represented Tom Baker and Seven Up in a claim for unpaid fees and in defending a counterclaim which alleged professional negligence. The counterclaim centred on the activities of former Campbell, Godfrey partner Tom Baker who left the firm to become the president of Seven Up. At trial, Sharpe J. granted Faskens judgment for over 90 per cent of the fees claim. On the counterclaim, Sharpe J. found that Baker was largely the author of his own misfortune and assessed damages in the amount of $200. After holding the matter under reserve for over a year, the Court of Appeal affirmed the trial judgement.