The appellant insurance company appealed the dismissal of its professional negligence claim against its former legal counsel.
The appellant alleged it suffered damages after relying on the respondents' advice not to defend a New York action, which resulted in a default judgment that was later enforced in Ontario.
The Court of Appeal upheld the trial judge's finding that, although one component of the legal advice regarding jury sympathy was incorrect, it did not materially contribute to the appellant's decision not to defend the action.
The appeal was dismissed.