The appellants sued their former criminal defence lawyer, alleging he breached his duty to advise regarding a civil claim and his duty of loyalty by allowing his law partner to represent a co-accused.
The Supreme Court of Canada dismissed the appeal, finding the lawyer met his duty to advise by recommending a civil specialist.
Regarding the conflict of interest, the Court held that while the situation should have been avoided, it did not render the contract for services absolutely null, and the appellants suffered no injury warranting a refund of fees or damages.
