John McNair

The plaintiff, a lawyer, brought an action against his former legal counsel for negligence and breach of contract arising from their representation of him in a civil action commenced by his son.

The underlying dispute involved tax liability for an estate.

The plaintiff alleged the defendants failed to follow instructions, failed to promptly pursue a motion for security for costs, and failed to seek an order for subrogation or carriage of the tax proceedings.

The court dismissed the action, finding that the defendants followed the plaintiff's instructions and that the plaintiff failed to establish a breach of the standard of care, noting the fatal absence of expert evidence.

The court further held that even if negligence or breach of contract had been established, the plaintiff failed to prove any resulting loss, damage, or loss of chance.

The applicant father sought to rectify a Declaration of Trust concerning a 100-acre farm, arguing that he and his deceased son were mistakenly reversed as 'Trustee' and 'Beneficiary' by the drafting lawyer.

The respondent widow, acting as estate trustee, brought a cross-application to uphold a severance of the joint tenancy she executed under a power of attorney before the son's death.

The court applied the Fairmont Hotels test and found a mutual mistake, rectifying the Declaration of Trust to show the father as the beneficiary.

Consequently, the court set aside the severance of the joint tenancy and ordered the land registry rectified to show the father as the sole owner by right of survivorship.

The plaintiff corporation brought an action for solicitor negligence against the defendant lawyer and his firm, alleging they owed and breached duties to the plaintiff in relation to a 2010 real estate transaction, causing the plaintiff to lose financing it had extended.

The transaction involved mortgage fraud perpetrated by the purchaser and his partner.

The court dismissed the action, finding that the defendant lawyer did not owe a duty of care to the plaintiff, either through a solicitor-client relationship or as an exceptional duty to a non-client third party, as there was no retainer, no instructions, and no reasonable reliance by the plaintiff on the lawyer.