as the case may be, in respect of that conduct in the same manner, and to the
same extent, as if he, she or it had engaged in it.
(3) Without limiting the generality of subsection (2), the indemnifying
principal, or each of the indemnifying principals, as the case may be, is
liable to pay damages to the client in respect of any loss or damage that the
client suffers as a result of doing, or omitting to do, as the case may be,
the act referred to in paragraph (1)(b).
(3A) Subsection (3) does not apply unless:
- (a)
- the conduct was engaged
in, the proposed conduct would have been engaged in, or the representation was
made, in this jurisdiction; or
- (b)
- the act referred to in paragraph (1)(b) was done, or would have been
done, as the case may be, in this jurisdiction; or
- (c)
- some or all of the loss or damage was suffered in this jurisdiction.
(4) If:
- (a)
- there are 2 or more indemnifying principals; and
- (b)
- 2 or more of them are parties (in this subsection called the indemnifying
parties ) to a proceeding in a court; and
- (c)
- it is proved for the purposes of the proceeding:
- (i)
- that the representative engaged in that conduct as a representative of
some person; and
- (ii)
- who that person is; and
- (d)
- that person is among the indemnifying parties;
subsections (2) and (3) do not apply, for the purposes of the proceeding,
in relation to the indemnifying parties other than that person.