The plaintiffs brought an action for solicitor negligence against their former lawyers.
Two motions were heard: the defendants' motion for a further and better affidavit of documents, and the plaintiffs' cross-motion to strike paragraphs from the statement of defence pleading a limitation period defence.
The court dismissed the plaintiffs' motion to strike, finding the limitation defence was not plain and obvious to fail.
The court granted the defendants' motion for disclosure, ordering the plaintiffs to produce the complete litigation file from their subsequent lawyers, subject to privilege claims for non-parties.
