The plaintiff, Trisan Construction, brought a second motion for summary judgment against its former lawyer, Mark A. Epstein, to quantify damages arising from Epstein's admitted negligence.
Epstein had failed to advise Trisan of their ability to bring a breach of trust claim against the directors of Bianchi Contracting (2004) Inc. (BCI) under the Construction Lien Act.
The court found that Epstein's negligence caused Trisan to suffer damages and, after considering Mr. Bianchi's identified assets and various contingencies inherent in debt collection, fixed the damages at $50,000.
The court declined to include potential recovery from a tracing action against RBC, as that was not part of the initial negligence finding.
