C.O. Capital Growth Inc. v. Miller

2018 ONSC 7126 (Div Ct), leave to appeal dismissed by OCA – Lerners acted for one of the respondent lawyers in successfully resisting attempts to set aside an administrative dismissal of a solicitor’s negligence action for delay.  The court confirmed that a change in position after the dismissal of an action (in this case, the use of most the insurance coverage available to settle a related action) constitutes prejudice.