The appellants appealed a trial judgment finding that their former law firm did not breach its fiduciary duty.
The appellants argued the firm had conflicts of interest due to its retainer with Ernst & Young Inc. and its relationship with two National Trust directors, and that the firm failed to provide zealous representation.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the appellants were aware of and agreed to the conditions of the retainer, and that the firm did not fail to act in the clients' best interests.
The court also upheld the judgment against the individual appellants, as the retainer extended to all defendants.
Costs of $15,000 were awarded to the respondent.
