The third-party solicitors McMillan LLP, Philip Thompson, and Marssa Giahi brought a motion for summary judgment to dismiss claims of negligence brought against them by defendants Crosslink Bridge Corp. and Andrew Penuvchev.
The defendants alleged the solicitors failed to warn them of environmental risks associated with purchasing contaminated railway lands.
The court found that the solicitors were not negligent, as their retainers were limited, the clients were sophisticated and had conducted their own due diligence, and the environmental disclosure documents were not provided to the solicitors.
Furthermore, the court found the third-party claims were barred by the expiration of the applicable limitation periods.
The motion for summary judgment was granted, and the claims against the third parties were dismissed.