The appellants appealed only the assessment of damages following a negligence finding against criminal defence counsel arising from the handling of an abduction prosecution and plea discussions.
The Court of Appeal held that the respondent could not recover amounts paid toward his mother's legal fees or amounts paid by Legal Aid, as those losses were not legally attributable to the appellants.
The majority further held that while the trial judge erred in linking the respondent's family estrangement to counsel's negligence, the expert psychiatric evidence supported a reduced award for depression caused by the negligent conduct of the defence.
The damages award was reduced to $15,000, with prejudgment interest and trial costs preserved on the basis fixed below.
