Stephen H. Fay

The appellants appealed a trial judge's finding that the appellant driver was partially liable in negligence for a motor vehicle accident.

The trial judge found that the appellant driver failed to slow his vehicle sufficiently after observing the respondents' vehicle enter his lane under icy conditions, which increased the speed of impact.

The Court of Appeal dismissed the appeal, holding that the trial judge's finding was supported by the evidence, as the appellant had put his foot back on the accelerator instead of continuing to slow down.

The appellants sued their former lawyer, alleging he entered into a settlement with their property insurer without proper authority and breached his fiduciary duty by providing a statement to the insurer's counsel confirming the settlement.

The trial judge dismissed the action, finding that the appellants had made an informed decision to settle and that, even if the lawyer had been negligent, the appellants suffered no damages because the settlement amount exceeded what they could have reasonably recovered under the policy.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings of fact were supported by the evidence and there was no palpable and overriding error.