Law360 Canada ( April 10, 2026, 9:34 AM EDT) -- Appeal by appellants from a summary judgment decision dismissing their solicitor’s negligence action. The action was against the respondents, Dioguardi and his law firm, on the basis that it was an abuse of process. The respondents drafted the 2018 Will of James Sr. The Will left a partial intestacy because it made the primary residual gifts conditional on the testator’s wife, Patricia, predeceasing him or dying within 30 days of his death, and provided no alternate disposition if she survived him, contrary to James Sr.’s written instructions and notes showing an intention to distribute the residue among his three children and two grandchildren in specific proportions. Patricia survived James Sr. by six years, and the Succession Law Reform Act intestacy scheme thereby governed distribution, leaving the grandchildren without entitlement. The appellants confronted Dioguardi after James Sr.’s death about the alleged drafting error and he denied the error. A Certificate of Appointment of Estate Trustee (Certificate) issued without objection. The appellants commenced a negligence action against the solicitor, alleging the error deprived the grandchildren of intended gifts. The respondents moved for summary judgment, submitting the action was a collateral attack on the Certificate because any rectification arguments should have been raised in the certificate‑grant process itself. The motion judge agreed and dismissed the negligence action. On appeal, the appellants argued the motion judge erred in treating their claim as a collateral attack, erred in concluding that a negligence action was barred once a Certificate issued, and erred in finding that a negligence finding would contradict the grant of probate....