Can an attorney be compelled to account to the grantor?
British Columbia, Canada
The following excerpt is from Brown v. Brown, 2011 BCSC 649 (CanLII):
In addition, there are sound practical reasons why the attorney should not be compelled to account to anyone other than the grantor. These were discussed in Fair v. Campbell (Estate), [2002] O.J. No. 5926 (Sup. Ct. J.), where the court explained as follows at paras. 29-30: If the grantor is sui juris, he makes the decisions. He is not obliged to involve the attorney in all or any of them. He is not obliged to ask the attorney to help him to implement all or any of his decisions. Where the grantor is sui juris, imposition of a duty to account can cast an impossible burden on the attorney. … He could be required to account for decisions over which he had no influence and for transactions that that he did not implement in whole or in part.
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