Does a lawyer have a duty to pursue certain disability benefit claims for a specific purpose?
Ontario, Canada
The following excerpt is from Connerty v. Coles, 2012 ONSC 2787 (CanLII):
In that case, the lawyer was hired to pursue certain disability benefit claims for a disability that arose as a result of a motor vehicle accident. A finding was made that the lawyer was only hired for the specific purpose of pursuing the disability benefit claims and the duty did not extend beyond that on the facts of the case. A key feature in that case was that the lawyer and client actually discussed the issue of the scope and nature of the retainer. The plaintiff/client instructed the lawyer that she did not wish to issue a lawsuit in the motor vehicle accident because her brother-in-law was the driver: See Broesky v. Lüst, supra, at para. 13.
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