Is a defendant solicitor liable for the conduct of the defence?
Ontario, Canada
The following excerpt is from King v. Kahane-Rapport, 2009 CanLII 14791 (ON SC):
As to the remainder of the claim, the defendant solicitor owed no duty to the plaintiff for the conduct of the defence. The solicitor’s duty is owed to his own client and to the court. See Brignolo v. Desmarais, Keenan, 1995 CarwellOnt 4761 (O.C. Gen. Div.) and cases therein cited. The public policy is to protect solicitors from claims by their client’s opponent, since such claims could be used as a basis for endless re-litigation of disputes.
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