David Moll

At a case conference, the court ordered the respondent to select three real estate brokers from a list proposed by independent counsel to obtain opinions of value for three properties subject to the application.

Following the valuations, the parties are to schedule a further case conference to determine next steps.

The defendant lawyer brought a motion to set aside a default judgment entered against him in an action alleging negligence and breach of fiduciary duty regarding his role in managing an estate.

The lawyer argued he ignored the statement of claim because he believed it lacked merit.

The court dismissed the motion, finding the lawyer's explanation implausible and noting that his failure to defend showed a careless disregard for the legal process.

The court also found that the prejudice to the plaintiff, due to the death and incapacity of key witnesses, outweighed any prejudice to the defendant.