The defendants, a lawyer and his law firm, brought a motion for summary judgment to dismiss the plaintiff's solicitor's negligence claim.
The plaintiff alleged the defendants breached their duties while representing him in a partnership arbitration, specifically by failing to seek a dissolution of the partnership at the outset.
The court found that there was insufficient evidence to determine how the arbitration would have unfolded had the dissolution been sought early, and thus a genuine issue for trial existed regarding causation and loss of chance.
The motion for summary judgment was dismissed.