The plaintiff, an experienced real estate agent, sued his former solicitor for professional negligence arising from the purchase of several properties and subsequent legal services.
The plaintiff alleged the solicitor failed to advise him of a 1995 by-law registered on title that restricted development.
The court dismissed the action, finding that the plaintiff was a sophisticated purchaser who instructed the solicitor not to conduct detailed title searches to save costs.
Furthermore, the plaintiff failed to call expert evidence to establish the standard of care, failed to prove causation as his inability to develop the properties was due to financial constraints, and failed to adequately prove his damages.
