Shekhani v Ardino

The appellant, Shekhani, brought proceedings against the respondent, Ardino, alleging professional negligence. Shekhani claimed that Ardino, his legal representative, failed to advise him of his common law rights against his employer following a workplace accident. The primary dispute revolved around whether Shekhani had indeed sustained a work accident.

The central legal issues before the court were whether the trial judge erred in finding that Shekhani did not sustain a work accident, and consequently, whether the trial judge erred in finding that Shekhani’s allegation of a work accident was fraudulent. The court was also required to consider whether, in circumstances where a claim is found to be fraudulent, any damages should be awarded.

The court upheld the trial judge's findings. The trial judge had concluded that Shekhani had not sustained a work accident and that his claim of such an accident was fraudulent. Based on this finding of fraud, the trial judge determined that no damages should be awarded. The appellate court found no error in these conclusions.

Consequently, the appeal was dismissed with costs.