How have the courts dealt with a no evidence motion in professional negligence cases?
British Columbia, Canada
The following excerpt is from Cassidy v. Abbotsford Police Department, 2001 BCSC 760 (CanLII):
Counsel referred the court to van Halderen v. Campney & Murphy, 2000 BCCA 234. The case concerned an allegation by the plaintiffs of professional negligence against three lawyers and their firm and one accountant and his firm. At the conclusion of the plaintiffs' case the defendants brought a no evidence motion on the grounds that part of the plaintiffs' claim against them was statute barred and the other part attracted no damages.
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