In what circumstances will a client be successful in a personal injury action?
Canada (Federal), Canada
The following excerpt is from Sathasivam v. Canada (Minister of Citizenship and Immigration), 2004 FC 438 (CanLII):
Rothstein J. (as he then was) in Huynh v. Canada (Minister of Employment and Immigration) (1993), 21 Imm L.R. (2d) 18 (F.C.T.D.) made the following cautionary remarks: 23. ... It seems to me that in many cases unsuccessful litigants may wish to blame the result on the inadequacy of counsel. Where there is merit to such a claim, a client may be able to proceed against counsel and secure recovery However, in my opinion, the failure of counsel, freely chosen by a client, cannot, in any but the most extraordinary case, result in an overturning of a decision on appeal or judicial review.
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