Category Archives: Professional Liability

Issues arising out of liability of lawyers, doctors, engineers and other professionals.

Plaintiff Given Leave to Examine Defendant Under Rule 39.03 On Rule 25.11 Motion to Strike Statement of Claim

Khan v. Lee is an interesting decision of Master Joan Haberman. In this medical malpractice action, the defendant doctor had moved, under Rules 21.01 and 25.11, to strike the statement of claim. He filed no evidence on the motion. Counsel … Continue reading

Posted in Pleadings, Practice and Procedure, Professional Liability | Leave a comment

Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case

The debate continues as to whether family physicians may testify as experts or only as fact witnesses. In this case, the issue arose with a bit of a twist: the court opened the door for the plaintiff’s family doctor to … Continue reading

Posted in Evidence, Experts and Opinions, Professional Liability, Trial Procedure | Leave a comment

C.A. Upholds Dismissal of Third Party Claim Against Plaintiff’s Lawyer

In Macchi S.P.A. v. New Solution Extrusion Inc., the Court of Appeal (Justices Rosenberg, Gillese and Blair) upheld the dismissal, by Mr. Justice Herman Wilton-Siegel, of a third party claim brought by the plaintiff against the defendants’ former lawyer. (The … Continue reading

Posted in Practice and Procedure, Professional Liability | 1 Comment

Important Decision from S.C.C. on Fiduciary Duties Owed by Solicitors

Today, the Supreme Court of Canada released a much-anticipated decision in Davis & Co. v. Monarch Entertainment Corporation. The case is of particular interest to lawyers practising in the field of commercial law because it has clarified the obligations owed … Continue reading

Posted in Commercial Litigation, Lawyers, Professional Liability | Leave a comment

C.A. Says No E & O Coverage for Law Firm Providing Investment Advice

In Cassels, Brock & Blackwell v. LawPRO, the Court of Appeal ruled that a duty to defend was not owed to the plaintiff law firm by its liability insurance carrier, the Lawyers’ Professional Indemnity Company (“LawPRO”). The policy contained an … Continue reading

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Limitation Period Extended on Basis of Discoverability and Special Circumstances–Should It Have Been?

The recent decision of Parker v. Chapman raises some interesting issues about the law of limitation periods in the post-Limitations Act, 2002 era. The ruling was made by Mr. Justice Barry MacDougall of the Ontario Superior Court. This was a … Continue reading

Posted in Discoverability, Limitation Periods, Professional Liability | 1 Comment

Law Firm Entitled to $60,000 Fee Premium for Converting Client’s $1M Liability Into $150,000 Profit

The law firm of Kramer Henderson had a very good day today. It had appealed an assessment officer’s refusal to allow a $60,000 fee premium from their former client. Superior Court Justice John Belleghem allowed the firm’s appeal and found … Continue reading

Posted in Costs, Professional Liability | Leave a comment

California Lawyers Liable for Continuing Unmeritorious Claims

On Monday, the California Supreme Court ruled that “an attorney may be held liable for continuing to prosecute a lawsuit discovered to lack probable cause”. We have attached a copy of the decision in Zamos v. Stroud. Not the law … Continue reading

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