When will a solicitor be held liable in negligence actions for failing to follow the standard of conduct of his or her peers?
Ontario, Canada
The following excerpt is from Lenz v. Broadhurst Main, 2004 CanLII 5059 (ON SC):
In summary, evidence of a prevailing or customary practice is a very relevant consideration, but it is not determinative of solicitors’ negligence actions. In Roberge v. Bolduc, 1991 CanLII 83 (SCC), [1991] 1 S.C.R. 374 at 437, [1991] S.C.J. No.15, Justice L’Heureux-Dubé wrote on behalf of the court: The fact that a professional has followed the practice of his or her peers may be strong evidence of reasonable and diligent conduct, but it is not determinative. If the practice is not in accordance with the general standards of liability, i.e., that one must act in a reasonable manner, then the professional who adheres to such a practice can be found liable, depending on the facts of each case.
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