The plaintiffs brought a professional negligence action against their former lawyer after he commenced but failed to prosecute a lawsuit against a franchisor, resulting in the action being administratively dismissed for delay under Rule 48 of the Rules of Civil Procedure.
The defendant lawyer had been suspended and ultimately disbarred and took no further steps in the underlying litigation or to remove himself as solicitor of record.
The defendant was noted in default and liability was deemed admitted.
The court assessed damages based on proven payments to the lawyer and reasonable related expenses but held that the plaintiffs’ lost litigation opportunity against the franchisor could not be quantified.
Special damages were awarded for legal fees and related expenses together with nominal damages for professional negligence.
