A solicitor in a divided profession cannot rely on counsel's silence about an undetermined cause of action as implicit advice that the claim should not be pursued. The solicitor retains an independent duty to advert to all outstanding claims and to seek their preservation, including by applying for remittal of undetermined claims after an appellate court sets aside a trial judgment. When assessing damages for loss of opportunity to pursue a claim, the court must discount for the contingency of the opposing party appealing any favourable decision and for the costs of the remitter application itself, but must not double-count contingencies already reflected in the primary loss of opportunity assessment.
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