The plaintiff sued his former solicitor and law firm for negligence, breach of contract, and breach of fiduciary duty regarding the preparation of a marriage contract.
The marriage contract was previously set aside in a divorce proceeding because the plaintiff's former spouse did not understand its nature and consequences, largely due to the solicitor's failure to ensure proper independent legal advice and his conflict of interest.
The court found the solicitor breached the standard of care and his fiduciary duties.
The court held that 'but for' the solicitor's negligence, the marriage contract would have been enforceable, and awarded the plaintiff damages for the equalization payment, legal costs, and financing interest incurred.
