The appellant settled a tort claim arising from a motor vehicle accident on the advice of her former lawyer.
Years later, after retaining new counsel for her statutory accident benefits claim, she obtained a psychiatric report indicating her injuries met the catastrophic impairment threshold.
Her new counsel advised her to sue her former lawyer for recommending an improvident settlement.
The former lawyer successfully moved for summary judgment on the basis that the claim was statute-barred.
The Court of Appeal allowed the appeal, holding that the claim was not discoverable until the appellant received legal advice that the settlement was improvident, as her former lawyer had never advised her of any error.
