In what circumstances will defence counsel be allowed to strike out a statement of claim?
British Columbia, Canada
The following excerpt is from V.H. v. Attorney General of British Columbia et al., 2005 BCSC 139 (CanLII):
Jensen v. MacGregor is also applicable in this case. In Jensen, the plaintiff and his wife separated and his wife retained the defendant solicitors for legal advice about that separation. The plaintiff alleged that as a result of that advice his wife reduced his access to the couple’s children. The plaintiff asserted that defence counsel owed him a duty of care and had a duty to act in the best interests of the children. Defence counsel then applied under Rule 19(24) for an order striking out the statement of claim. Madam Justice Sinclair Prowse granted the application on the basis that a lawyer only owes a duty to the court and to his or her client.
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