Does a solicitor have an onerous duty to perform on behalf of a client?
Alberta, Canada
The following excerpt is from Yang v. Overseas Investments (1986) Ltd., 1995 CanLII 9007 (AB QB):
In Dooby v. Watson (1888), 39 Ch.D. 178, Kekewich J. dealt with the position which a solicitor occupies with reference to money entrusted to him for investment. In that case it was investment in mortgages. At p. 183 he states: In that case the solicitor has an onerous duty to perform, because, beyond providing the mortgages, beyond doing the mere legal business, he really undertakes the responsibility to his client of seeing that they are good mortgages, on which the money may be safely invested. That is within the ordinary duty of solicitors according to the practice of the profession, and is a more onerous duty, and one which some solicitors, I believe, decline to take.
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