Does a solicitor's certification in an agreement that she has provided independent legal advice constitute privity of contract?
Ontario, Canada
The following excerpt is from Mantella v. Mantella, 2006 CanLII 10526 (ON SC):
The first argument does not address the alleged tort of negligent misrepresentation, which does not require privity of contract: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, [1993] S.C.J. No. 3. It does not address directly the effect of a solicitor's certification in a separation agreement that she has provided independent legal advice to one of the parties.
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