Gerald Sadvari

The plaintiff sued his former solicitor and law firm for negligence, breach of contract, and breach of fiduciary duty regarding the preparation of a marriage contract.

The marriage contract was previously set aside in a divorce proceeding because the plaintiff's former spouse did not understand its nature and consequences, largely due to the solicitor's failure to ensure proper independent legal advice and his conflict of interest.

The court found the solicitor breached the standard of care and his fiduciary duties.

The court held that 'but for' the solicitor's negligence, the marriage contract would have been enforceable, and awarded the plaintiff damages for the equalization payment, legal costs, and financing interest incurred.

The appellant sued her former family law lawyer for negligence, alleging he failed to adequately protect her equalization claim against her husband, who was a known flight risk.

The trial judge dismissed the action, finding that while the lawyer breached the standard of care in some respects, his recommendation to settle was not an 'egregious error' and his delays did not cause the appellant's loss.

The Court of Appeal allowed the appeal and ordered a new trial, holding that the trial judge erred by applying the 'egregious error' test instead of the standard of reasonableness, and by using a segmented time grid analysis that failed to assess the lawyer's overall failure to advance the case to trial.