Law360 Canada (April 24, 2024, 1:28 PM EDT) -- Appeal by Estate from motion judge’s conclusion that claims for non-pecuniary damages arising from respondents' conduct on and management of deceased Lepan’s accident benefits and tort claims were waived. The Estate argued that the motion judge erred both in finding the Amended Amended Statement of Claim did not continue the Estate's non-pecuniary damages claims and in finding statements before the Divisional Court and Without Prejudice letter precluded these claims. Lepan was injured in a 2008 motor vehicle accident. He brought an action against the respondents, who had represented him in the ensuing motor vehicle litigation claiming they had improperly pressured him into accepting improvident settlements of his claim for statutory accident benefits and his claim for long-term disability benefits. Arvai eventually settled the tort action. Lepan died and his Estate continued the action. The respondents moved to remove Arvai as the Estate's solicitor of record. The respondents' motion was dismissed as premature. The Divisional Court dismissed their appeal. The Estate moved to further amend the statement of claim to effect appeal counsel's advice to the Divisional Court. The respondents did not oppose the amendment and made no submissions. The Estate asserted it only gave up its claim for additional pecuniary losses relating to the statutory accident benefits settlement and the tort settlement, not its claim for non-pecuniary damages....