Appeal and cross-appeal in a solicitor's negligence action arising from corporate and estate transactions involving an executor who became president and shareholder of a corporation in which the estate held shares.
The court held that the law firm's retainer in relation to the initial transaction was limited and did not impose a duty to warn of the risk of beneficiary claims, particularly given the sophistication and role of the client.
However, the firm did owe a duty to warn in relation to a later acquisition transaction in which it was involved in all aspects and knew the estate was excluded.
The court upheld the trial judge's lost chance analysis, apportionment of fault, and nominal damages award.
