The defendants, a lawyer and his law firm, brought a motion for summary judgment to dismiss the plaintiffs' claim for solicitor negligence and improper retention of funds.
The plaintiffs sought an adjournment on the day of the hearing, which was denied due to issue estoppel and lack of a change in circumstances.
The court found the plaintiffs' responding evidence, consisting solely of a law clerk's affidavit, to be largely inadmissible.
The court granted the summary judgment motion, finding no genuine issue requiring a trial as the lawyer had met the standard of care, followed instructions, and properly accounted for all funds.
