The appellant appealed a judgment of the Superior Court of Justice dated November 8, 2016, challenging the motion judge's assessment of damages and raising allegations of negligence and dishonesty against the respondent's lawyer.
The Court of Appeal found no error in the motion judge's assessment of loss.
The court rejected the appellant's claims regarding solicitor negligence, noting that such claims raised in the context of an appeal can only succeed in the rarest of cases and would require evidence of collusion, which was absent here.
The court held that solicitor negligence claims are not the appropriate subject of an appeal and should be pursued through separate litigation against the lawyer.