The plaintiffs sued their former solicitor and his law firm for professional negligence arising from his representation in three underlying actions.
The court found that the solicitor breached the standard of care in the primary underlying commercial litigation by failing to obtain relevant evidence, failing to bring a motion to strike a certificate of pending litigation, and failing to communicate with his clients and opposing counsel.
The court conducted a 'trial within a trial' and concluded that but for the solicitor's negligence, the plaintiffs would have avoided substantial legal fees.
The plaintiffs were awarded $425,987 in damages.
