The plaintiff sued the defendants for negligence and breach of fiduciary duty regarding the transfer of shares.
The defendants pleaded that the plaintiff failed to mitigate her damages by not seeking a court order to freeze the account.
The plaintiff claimed she relied on her solicitor's advice.
The defendants then brought a third-party claim against the solicitor for contribution and indemnity under the Negligence Act.
The motion judge struck out the third-party claim as disclosing no cause of action.
The Court of Appeal dismissed the appeal, holding that a defendant cannot claim contribution from a plaintiff's solicitor for advice given regarding the mitigation of damages caused by the defendant's own wrong.
