In what circumstances will a law firm be successful in its negligence claim against a realtor and accountant?
British Columbia, Canada
The following excerpt is from Laidar Holdings Ltd. v. Lindt & Sprungli (Canada) Inc., 2012 BCCA 22 (CanLII):
This court’s decision in McNaughton v. Baker, supra, is an example of such a case. There, a dairy farm had been sold in a transaction that later failed, leading the vendors to foreclose on a mortgage they had taken back from the purchasers. The vendors sued the lawyers who had assisted in the transaction. They in turn denied negligence and issued a third party notice alleging negligence on the part of the realtors and accountants who had also assisted the vendors. The law firm relied on s. 4 of the Negligence Act and sought to plead a breach of duty of care owed by those parties to the law firm.
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