Can a lawyer be held liable for failing to provide the proper instructions?
Ontario, Canada
The following excerpt is from Formosa et al. v. Persaud et al., 2019 ONSC 4860 (CanLII):
The plaintiffs do not argue that either Persaud or GR acted without instructions; rather, they point to case law which establishes that if those instructions were based on inadequate advice by the lawyer, or where the lawyer failed to warn the client of the risk involved in a course of action, the lawyer may be liable; Major v. Buchanan, 1975 CarswellOnt 451, at para 58.
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