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The court found solicitor negligence for missing the limitation period on a wills variation claim and awarded damages based on the lost inheritance, with the fiduciary duty claim dismissed.
The court allowed Camarin to further amend its counterclaim and third-party notice in this reinsurance dispute, while directing corrections and future case-management steps.
The Yukon Court of Appeal allowed Ms. Knapp’s appeal, found a misapprehension of evidence on future earning capacity, and raised the award from $70,000 to $211,000.
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.
The court struck a jury notice in a solicitor’s negligence action, finding the case too complex for jurors because it would require a trial within a trial.
The court struck the plaintiff’s jury notice in a solicitor-negligence action, finding the trial within a trial and damages issues were better managed by a judge alone.
Solicitor negligence claim dismissed after the court found counsel acted within professional judgment in the original motorcycle injury case and no recoverable loss was proved.
The applications judge correctly refused to consider extrinsic materials not incorporated into the pleadings; the insurer's duty to defend is measured by the pleaded facts and the policy wording and, because the claimant's current pleadings could possibly be covered and exclude employment, the insurer has a contractual duty to defend; no trial of an issue was required.
Source excerpt
Solicitor-negligence action over a missed municipal notice period. The court found the defendants negligent and held the plaintiff had lost a real cause of action.
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