The respondent acted as an agent to assist a client in collecting insurance proceeds, agreeing to a percentage fee.
To resolve issues with clearing cheques, the appellant solicitor agreed to have the insurance cheques made payable to his firm in trust and provided an undertaking to protect the respondent's fee.
The appellants argued the undertaking applied only to a single payment and was given on behalf of the client, not personally.
The Court of Appeal upheld the motion judge's finding that the undertaking extended to future payments and was a personal promise of the solicitor, dismissing the appeal.
