The plaintiffs, acting personally and as Estate Trustees, sued the defendant lawyer and her firm for negligence, breach of fiduciary duty, and defamation.
The claims arose from the lawyer's representation of the deceased in drafting his Will and a mortgage refinancing transaction, as well as letters the lawyer wrote to third parties after her retainer by the Estate was terminated.
The court dismissed the negligence and fiduciary duty claims, finding no expert evidence of a breach of the standard of care and that the lawyer followed the deceased's instructions.
However, the court found the lawyer defamed the plaintiffs in letters sent to succeeding counsel and the Public Guardian and Trustee.
The letters contained false and disparaging statements and were motivated by malice, defeating the defence of qualified privilege.
The plaintiffs were awarded $61,320 in damages for defamation.
