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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a non-expert expert give evidence in a motor vehicle accident case that does not contradict the findings of an expert? (Ontario, Canada)
Can a medical malpractice claim negligence even in the absence of expert evidence? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
What is the test for determining standard of care in a professional negligence case in the absence of expert evidence? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
Can a court find a real estate agent liable in negligence for failing to provide evidence of customary practice? (Ontario, Canada)
What expert evidence is required in a medical negligence case? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
