Is there any liability for failure to send Bogdan elsewhere?

Saskatchewan, Canada


The following excerpt is from Bogdan v. Drummond, Wilson-Drummond and Oasis Enterprises Co. Ltd. and Saskatechewan Government Insurance Office, 1981 CanLII 2002 (SK QB):

Finally, the plaintiff complains that he did not have the benefit of independent legal advice with respect to the transaction. It is clear Drummond never suggested he take the interim agreement to another lawyer. However, at least, in part, the plaintiff has to take some responsibility for what happened. There is no doubt he was anxious to get going with the new business. He wanted possession on December 1, which was only five days after he initially approached Drummond about buying. Drummond, unwisely perhaps, yielded to the plaintiff’s impatience to take over, and that, among other things, resulted in a poorly-drafted agreement which, while I have found it to be binding, tends to reflect the amount of thought and effort that went into its preparation. In any event, as Parker, J., said in Allison v. Clayhills, supra, there is no invariable rule that a purchaser who does business with a lawyer must have independent advice. Since no solicitor-client relationship existed at the time the interim agreement was executed, the defendant Drummond cannot be held legally responsible for the failure to send Bogdan elsewhere.

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