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Claim against lawyer dismissed following borrower’s default in asset sale (899755 Alberta Ltd v Herter)
Tuesday, August 6, 2024James R.G. CookLitigationProfessional Negligence, Asset Sale
When a client sues their former transaction lawyer for professional negligence, the issue is often the extent or scope of the duty owed to the...
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Professional negligence claim against litigation lawyer dismissed in a case of “settler’s remorse” (Kiselbach v. DeFilippi)
Monday, June 10, 2024James R.G. CookLitigationProfessional Negligence, Yukon
In Kiselbach v DeFilippi, 2024 YKSC 7 (CanLII), the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who...
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Plaintiff fails to prove notary public's error was the cause of losses from real estate transaction
Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence
In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...
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