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The motion judge's assessment of loss was reasonable and there was no evidence or air of reality to support collusion or solicitor misconduct sufficient to set aside the order; therefore the appeal is dismissed and costs awarded.
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The court struck the jury notice in a solicitor negligence action, finding the damages and lost-opportunity issues too complex for a jury to decide.
The court struck the jury notice in a solicitor negligence action, holding the issues were too intricate and complex and would require a trial within a trial.
Appeal dismissed because appellant failed to adduce expert evidence establishing the standard of care and no applicable exception applied, he did not prove causation or breach of fiduciary duty, the claim was barred by the limitation period, and the trial judge's costs award was reasonable; leave to appeal costs was refused and appeal costs were fixed at $28,000.
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