The Duty of Care Owed By a Will Drafter

In Korpiel v Sanguinetti (1999) B.C.J. 1048 the court concluded that a will drafter, usually a solicitor or notary, owes no duty of care to beneficiaries beyond the competent and timely fulfillment of the testator’s testamentary instructions.   In the Sanguinetti case, the court considered… Read more

Court Costs Awarded Against Lawyer Personally

The Supreme Court of Canada dismissed an appeal of the Ontario Court of Appeal upholding a a substantial award of court costs against a  lawyer personally for his handling of a case found to be vexatious and an abuse of process.  The client was also jointly… Read more

Independent Legal Advice and Undue Influence

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper-Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia… Read more

Negligence Standard Same For Lawyers and Notaries

Negligence Standard I recently advised an inquiry that the negligence standard for a lawyer/solicitor is the same as that for a notary public. The authority for that proposition was initially pronounced in British Columbia in the decision Flandro v Mitha (1992) 93 DLR (4th) 222 at… Read more

Some Aspects of Negligence

Many lay people have a basic understanding of what it means to assert that someone was negligent towards another. Dhillon v. Jaffer 2014 BCCA 215 had the following summary of some aspects of negligence ( 27)     The first principle is causation. It need hardly be stated… Read more

Disappointed Beneficiary? – Sue the Lawyer

If a notary or lawyer makes an error in the preparation and execution of the will, or fails to attend to same in a timely manner, then disappointed beneficiaries may have a valid court action against the drafting lawyer Recent statistics issued by the Law… Read more

The Disappointed Beneficiary vs the Negligent Lawyer

A disappointed beneficiary is one who fully expected to inherit, should have inherited, but due to the lawyer’s negligence in failing to prepare and have the will executed by the testator in a “ timely manner”, the testator in the interim dies without having ever… Read more

Drafting Lawyers Evidence Rejected -Not Credible or Reliable

Drafting Lawyers Evidence Rejected Sawdon Estate v Watch Tower Bible & Tract Society of Canada 2012 ONSC 4042 involves a case where there was a dispute as to whether seven joint bank accounts with two of the deceased five adult children, went to the five… Read more

Wills Lawyer Liable For Damages to Intended Beneficiary

Meier v Rose 2012 CarswellAlta 185 is a good example of a lawyer’s negligence in the preparation of a last will and testament, and the consequent damages awarded by the court against the lawyer in favor of the intended beneficiary who did not inherit. The… Read more