Lawyer Negligence

Lawyer Negligence

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

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

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
Burden of Proof In Mental Capacity

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 Court Costs Awarded Against Lawyer - Disinherited

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

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

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

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
Drafting Lawyer Has Heavy Duty to Investigate Testamentary Capacity

Drafting Lawyer Has Heavy Duty to Investigate Testamentary Capacity

Friesen v Friesen Estate (1985) 24 ETR 191 sets out inter alia the heavy duty upon a lawyer taking instructions for a will to investigate and satisfy him or herself