Does an assessment officer's finding of negligence constitute negligence res judicata in any claim brought by the client?
Ontario, Canada
The following excerpt is from Calin A. Lawrynowicz Barristers & Solicitors v Marino Estate, 2016 ONSC 2065 (CanLII):
In Ellyn-Barristers v. Stone, [2008] O.J. No. 1092 (S.C.J.), Justice Cumming held that if an assessment officer makes any finding of negligence on the part of the solicitors, such finding does not render the issue of negligence res judicata in any claim brought by the client for damages for breach of contract, tort or otherwise arising from the solicitor-client relationship.
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