The defendant lawyer, John McGarrity, brought a motion for summary judgment to dismiss a solicitor's negligence claim brought by the plaintiffs, Donald Jesse James and Elsie Maria James.
The plaintiffs alleged that McGarrity failed to properly advise them regarding an agreement to add their daughter, Janice James, to the title of their farm property, which included a non-alienation clause preventing them from selling the property.
The court dismissed the summary judgment motion, finding that the solicitor's negligence claim was inextricably tied to the main action to set aside the agreement and that there was a genuine issue requiring a trial, particularly concerning the plaintiffs' understanding of the agreement and potential undue influence from their daughter.
