What is the test for finding a solicitor negligent in the absence of expert evidence?

Ontario, Canada


The following excerpt is from 614128 Ontario Ltd. o/a Trisan Construction v Bianchi/Epstein, 2016 ONSC 2450 (CanLII):

The defendant takes the position that the court must be very careful about finding a solicitor negligent in the absence of expert evidence regarding relevant issues such as the expected standard of care and timing to judgment for claims of this type. While some issues of professional negligence of lawyers will be “commonly within the experience of a lawyer” and therefore within the court’s experience, others will require expert evidence (Hendry v. Strike, [2005] O.J. no. 6306 (Sup. Ct.) at para. 143). I agree with this caveat, and approach my analysis with that caution in mind.

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