How have the Kwans been successful in their claim for damages against their former lawyers?
British Columbia, Canada
The following excerpt is from Section 1 of the Owners, Strata Plan LMS 2643 v. Kwan, 2009 BCCA 342 (CanLII):
At the hearing below, the Kwans argued that their former lawyers may not have commenced an action on their behalf because they were reasonably under the misapprehension that such an action was barred by the rule in Foss v. Harbottle. The chambers judge summarized out this argument as follows:
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