In what circumstances will a lawyer be sued for failing to obtain a licence?
Ontario, Canada
The following excerpt is from Johnson v. Studley, 2014 ONSC 1732 (CanLII):
In Sheeraz v. Kayani, the defendant lawyer was hired to obtain a licence to operate a pub. An effective licence was not obtained, and the client discovered the problem and complained to the lawyer. The lawyer denied responsibility and he continued to work on the transaction for two more weeks. The action was commenced more than two years after the plaintiff discovered his business losses, but less than two years after the termination of the lawyer’s retainer. In these circumstances, Justice Price concluded that there was a genuine issue for trial about when the client ought to have known that he could or should sue the lawyer.
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