Robert J. McComb

The appellant appealed the dismissal of his action for solicitor's negligence.

The appellant had retained the respondent solicitor to obtain a speedy divorce so he could remarry.

Against the advice of the solicitor and his accountant, the appellant signed a separation agreement prepared by his wife's lawyer because he did not want to risk upsetting his wife and delaying the divorce.

The trial judge found the solicitor met the standard of care and the appellant failed to prove damages.

The Court of Appeal found no basis to interfere with the trial judge's findings and dismissed the appeal.

The appellants appealed three findings of contempt made by the lower court.

The Court of Appeal set aside all three findings.

The first finding had already been adjudicated by another judge.

The second finding could not stand due to a lack of clarity in a Divisional Court order and the appellants' reliance on counsel's advice.

The third finding could not stand due to conflicting evidence regarding the reason for non-attendance.

The appeal was allowed and the findings of contempt were set aside, though the respondent was awarded costs due to the appellants' conduct.

Following an earlier appeal allowing the appellants' challenge to a trial judgment in a constructive dismissal and shareholder buyout dispute, the court resolved two outstanding issues arising on settlement of the order.

The court held that the “Effective Date” under the shareholders’ agreement was the date the appeal reasons were released, because that was when judgment on the counterclaim was finally and effectively determined.

The court further held that no prejudgment interest was payable before that date, but postjudgment interest was payable from and after that date at the statutory rate under the Courts of Justice Act.

The court also directed payment out of court to the bank of funds previously paid into court.