Key Points:

• Background: The plaintiffs, Robert and Sheena Bartsch, hired Bennett Jones LLP in 2010 to help recover investments in Crown Corporation. Bennett Jones also represented a larger group of investors in related litigation. Conflicts of interest emerged over time between the Bartschs and other investors.

• Conflict of Interest: Several conflicts arose during representation, particularly related to litigation strategies. The Bartschs believed Bennett Jones favored the larger investor group at their expense, including when it negotiated settlements without protecting their personal interests.

• Main Issue: Bennett Jones argued that the Bartschs were aware of potential claims against the firm by May 2018 but failed to bring a lawsuit within the two-year limitation period under section 3(1) of the Limitations Act. The Bartschs filed their claim on May 10, 2021, beyond the limitation period.

• Court's Decision: The court agreed with Bennett Jones, concluding the limitation period had expired by May 2018. As a result, the Bartschs' claim was dismissed. No specific monetary amount was awarded or ordered within this judgment.