The plaintiff, Hilary Salmon, sued her former lawyer, Jonathan Keslassy, and his firm, Garfin Zeidenberg LLP, for solicitor's negligence.
Salmon alleged that Keslassy provided incorrect advice regarding the limitation period for a potential defamation lawsuit against the Toronto Star.
The court assessed the credibility of both Salmon and Keslassy concerning a pivotal phone call, finding Keslassy's testimony more credible and reliable.
The court concluded that Keslassy had provided the correct limitation period advice (six weeks for notice, three months to commence action).
Consequently, Salmon failed to prove solicitor's negligence.
The court also hypothetically considered the merits of the defamation claim, finding the article likely defamatory but that the defence of responsible communication on matters of public interest would have succeeded, leading to only nominal damages.
The action was dismissed.
