The appellants appealed the dismissal of their professional negligence action against the respondent lawyer on a summary judgment motion.
The appellants alleged the respondent negligently conducted a property transfer by naming improper vendors.
The motion judge found no genuine issue for trial because, even if the respondent was negligent, the appellants suffered no damages as no person with the right to sell the properties would have done so for the proposed price.
The Court of Appeal agreed that without damages, there is no sustainable action in negligence, and dismissed the appeal.
