What is the scope of solicitor-client relationship?

Prince Edward Island, Canada


The following excerpt is from Imperial Oil v. Noonan Fuels et ors., 2004 PESCTD 43 (CanLII):

The scope of solicitor and client relationship was discussed in Taylor v. Law Society of Prince Edward Island, [1992] P.E.I.J. No. 137 (PESCAD). There the issue was viewed from the perspective of whether a lawyer owed any duty of care to a person regarding a real estate transaction so as to create a solicitor-client relationship. Chief Justice Carruthers referred to earlier jurisprudence which advises that the law recognizes three situations in which a legal duty may be imposed upon a solicitor: In contract, by fiduciary relationship, and by the relationship which has been described as circumstances which in the absence of any contract or fiduciary relationship create a special relationship between the adviser and the person advised sufficient to impose upon the adviser a duty of care in the giving of advice.

Other Questions


Does a solicitor client relationship arise in the course of a property transaction? (Prince Edward Island, Canada)
What is the scope of appellate review of a lower court's decision on a judicial review application? (Prince Edward Island, Canada)
What is the test for a claim for damages arising out of the sale of a house where there is a close family relationship? (Prince Edward Island, Canada)
What is the scope of a teacher’s right to freedom of expression within the classroom of a public school system? (Prince Edward Island, Canada)
What is the test for determining whether a child’s unilateral termination of a relationship is determinative? (Prince Edward Island, Canada)
What is the scope of appeal review of child support awards? (Prince Edward Island, Canada)
Is it unconscionable for the wife to equalize the net family property with the husband when the husband has all but abdicated his role in the relationship? (Prince Edward Island, Canada)
What is the scope of appellate review in family law matters generally and child protection cases specifically? (Prince Edward Island, Canada)
What is the test for a material change in circumstances under an interim order? (Prince Edward Island, Canada)
Is relocation of a child by one parent a material change in the circumstances of the child? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.