Is a lawyer liable for negligence in the discharge of his duty?

Ontario, Canada


The following excerpt is from HSBC Securities (Canada) Inc. v. Davies, Ward and Beck, 2004 CanLII 30077 (ON SC):

It has long been held that a lawyer will bear the responsibility for negligence in the performance of his or her action. In Canada, the concept was first put into words by Chief Justice Ritchie in Hett v. Pun Pong (1890), 1890 CanLII 35 (SCC), 18 S.C.R. 290 (S.C.C.) at 292 as follows: There can be doubt that an attorney is liable for negligence in the discharge of his duty whereby his client has sustained damage, and I think an attorney is bound to bring to the exercise of his profession a reasonable amount of knowledge, skill and care in connection with the business of his client.

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