The plaintiff brought a motion for summary judgment against his former real estate solicitor for professional negligence, alleging the solicitor failed to properly advise him regarding a $300,000 gift direction.
The plaintiff also moved to dismiss a counterclaim brought by one of the defendants on the basis that she was an undischarged bankrupt.
The court dismissed the summary judgment motion, finding that genuine issues of credibility and the factual context of the transaction required a trial.
However, the court granted the motion to dismiss the counterclaim, concluding that the defendant lacked the legal capacity to commence the action as an undischarged bankrupt, and the proceeds claimed did not constitute after-acquired property.
