What is the scope of solicitor-client relationship?

Prince Edward Island, Canada


The following excerpt is from Imperial Oil v. Noonan Fuels et ors., 2004 PESCTD 43 (CanLII):

The scope of solicitor and client relationship was discussed in Taylor v. Law Society of Prince Edward Island, [1992] P.E.I.J. No. 137 (PESCAD). There the issue was viewed from the perspective of whether a lawyer owed any duty of care to a person regarding a real estate transaction so as to create a solicitor-client relationship. Chief Justice Carruthers referred to earlier jurisprudence which advises that the law recognizes three situations in which a legal duty may be imposed upon a solicitor: In contract, by fiduciary relationship, and by the relationship which has been described as circumstances which in the absence of any contract or fiduciary relationship create a special relationship between the adviser and the person advised sufficient to impose upon the adviser a duty of care in the giving of advice.

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