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The court held that the PGT’s solicitor owed no duty of care to the beneficiary, so the application to add the solicitor as a party was dismissed.
The motion to adduce fresh evidence was refused because the material was either available at trial or inadmissible hearsay and would not have affected the outcome; the trial judge’s factual findings that there was no fixed fee agreement and no overbilling were reasonable and not palpably wrong; the crossclaim failed because the appellant did not prove breach, causation and was time-barred; and there was no basis to grant leave to appeal the costs quantum.
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The Court of Appeal upheld the trial judge’s factual findings that Cassels accepted an operative retainer from the GMCL dealers that extended beyond a contingent CCAA-only mandate, that Cassels failed to disclose and properly manage its prior retainer for Industry Canada thereby creating a bright-line and substantial-risk conflict and breaching duties of loyalty and disclosure, and that those breaches caused the dealers to lose a real and substantial chance to negotiate better WDAs; the Court dismissed the appeal on liability but allowed the appeal in part on damages quantification, directing…
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The appeal is dismissed because the appellants did not promptly move to set aside the administrative dismissal, failed to adequately explain the prolonged delay attributable to their counsel, did not rebut the presumption of prejudice and there was evidence of actual prejudice impairing the respondent's ability to defend; finality therefore weighed against restoring the action.
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A solicitor negligence case in which the court found the lawyer breached his duty by failing to protect the client's spousal support claim, but rejected fiduciary breach.
The appeal is allowed in part: the appellant is entitled to judgment for the $5,000 retainer she paid; she failed to prove any other damages resulting from her solicitor's conduct and the fresh evidence was inadmissible because it could have been obtained with reasonable diligence; accordingly the motion for fresh evidence is dismissed and costs awarded.
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Trial judgment in a solicitor-negligence claim arising from family-law representation, support, refinancing, fees, and alleged psychiatric harm. The plaintiff succeeded only on limited issues and received modest damages.
Majority: A reasonable person with Ferrara's abilities and in his circumstances would not have known of a claim against his long‑standing solicitor until the trial judge's reasons of July 2, 2009 because the solicitor repeatedly assured the client he was correct and the client gave uncontradicted evidence that independent litigation counsel did not advise suing; accordingly the two‑year limitation had not expired and the summary judgment dismissal was reversed; abuse of process not established.
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The trial judge's factual and credibility findings were supported by the evidence, the appellant failed to prove breach of contract, negligence or fiduciary breach by the respondent, and the appellate court will not overturn those findings; the costs award was within the trial judge's discretion and not set aside.
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The court granted an extension of time to file and serve a jury notice, finding cogent evidence that the litigation guardian was never told of the jury option.
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