Zuber & Company LLP in Toronto
Widely acclaimed legal team providing results-driven legal counsel across various practices that influence business success. Our steadfast commitment to client satisfaction and service not only defines our purpose but also propels our continuous growth. We foster robust relationships founded on a profound comprehension of each client's requirements, prompt responsiveness, and well-founded advice.
Featured WorkWe are pleased to share our successful result in the recently released Ontario Superior Court decision Gesualdi v. Conti, 2025 ONSC 1662.
In this case, the plaintiff, a Ferrari enthusiast, retained the defendants to rebuild the engines of his two vintage Ferraris, a 1970 Daytona and a 1973 Dino. Around the same time, Mr. Gesualdi retained our clients, George Biggs and Body by Biggs Inc., to perform body restoration and assembly work on the same vehicles as part of a Concours restoration.
After the defendants’ rebuilt the engines, Mr. Gesualdi discovered serious problems with the engines that rendered both cars unfit for use. The plaintiff brought a claim against the defendants for breach of contract and negligent misrepresentation. In response, the defendants issued a third-party claim against our clients, alleging that the body and assembly work performed by George Biggs and his team was responsible for the damage to the engines and contributed to significant delays and deficiencies in the overall restoration project. The defendants as well, made allegations of deliberate tampering and damaging the engines.
Specifically, the third-party claim suggested that George Biggs and Body by Biggs Inc. had mishandled the vehicles during their part of the restoration and failed to take reasonable care, thereby causing or exacerbating the damage Mr. Gesualdi experienced. The defendants also alleged that the third parties caused unnecessary delay which in turn affected the ability of the defendants to do the engine rebuild properly.
After a nine-day trial, the Court unequivocally rejected these claims. Justice Centa held that the defendants were solely responsible for the extensive engine issues and that the rebuilds had been executed without the necessary testing, measurements, or quality control. In contrast, the Court found no evidence that George Biggs or Body by Biggs Inc. had caused damage to the vehicles or contributed in any way to the engine issues. The Court found that the third parties had performed their work competently and had not interfered with the engine rebuild process. Accordingly, the Court dismissed the third-party claim in its entirety.
We are proud of our litigation team of David Zuber, Coleen Skynner (senior law clerk), Shehmeen Khurram (articling student), and Nesrine Rizkallah (executive legal assistant) for securing this fantastic result!
