What is the test for negligence in the performance of the Law Society of Upper Canada?
Ontario, Canada
The following excerpt is from Conway v. The Law Society of Upper Canada, 2016 ONCA 72 (CanLII):
Mere negligence in the good faith performance of the LSUC’s duties or functions is not enough to establish liability. However, an absence of good faith or “bad faith”, involving malice or intent, is sufficient to ground a properly pleaded cause of action against the LSUC. See: Edwards v. Law Society of Upper Canada, 2001 SCC 80 (CanLII), [2001] 3 S.C.R. 562; Finney v. Barreau du Québec, 2004 SCC 36 (CanLII), [2004] 2 S.C.R. 17.
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