Lawyer Negligence
Professional Negligence
A claim in professional negligence requires a duty of care, a breach of the standard of care and a causal relationship between that breach and damages suffered. The core issue
Lawyer Negligence Explained
Tellini v Grewal and Bell Alliance 2021 BCS549 discussed the standard of care upon a lawyer who for negligence. The law is clear with respect to the standard of care
Lawyer-Client Relationships and Fiduciary Obligations
Certain categories of relationships such as the lawyer-client are considered to possibly give rise to fiduciary obligations because of their inherent purpose or their presumed factual or legal incidents. It
Lawyer-Client Relationship
It is well-established law that the relationship between a lawyer and client is contractual and it is one of utmost good faith. The decision 380876 BC LTD v Perrick law
Independent Legal Advice
Zeligs v Janes 2015 BCSC 7 cited two maritime decisions with approval that were followed in BC in Mondolese v dDelac 201BCSC 82 as to the adequacy of independent legal
Suing Litigation Lawyers
In Mac v Wong 2019 BCSC 902 two plaintiffs representing themselves brought court action their former litigation lawyer claiming he was negligent and failed to follow their instructions. While it
Personal Costs Against Lawyer
C.A.S. of the R.M.of W. v C.T.and J.B. 2017 ONSC 318 awarded personal court costs of $100,000 against a lawyer for her role in a custody battle involved in the
Lawyer Duty Taking Will Instructions: Suspicious Circumstances
The duty of a lawyer/solicitor in taking will instructions when suspicious circumstances are present was discussed in Shroff v Schroff 2017 MBQB 51. Suspicious Circumstances Suspicious circumstances have been found to exist
Ensuring Independent Legal Advice
Many transactions are set aside in British Columbia by the courts on the basis that true independent legal advice was not obtained by the person making a radically changed will
Independent Legal Advice – 7 Factors to Look For
I am typically attempting to set aside a transaction or a will and I often look to see if there was independent legal advice (ILA) given and if so, was