The Court found that the defendant solicitors breached their duty of care by failing to properly advise the plaintiff about the contents and implications of the Sergides report prior to the commutation of his workers compensation entitlements, but the plaintiff failed to establish that this breach caused his loss. On causation, the Court held that even had proper advice been given, the plaintiff would still have accepted the settlement offer given his financial pressures, the risks in his case (including contested state of connection and injury causation issues), and the 'all or nothing' nature of the litigation. The value of the lost opportunity — being the chance of a better outcome had the plaintiff not settled — was not established to be of sufficient value to ground a damages award.
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