What is the liability of a solicitor in a real estate transaction?

Manitoba, Canada


The following excerpt is from LAC Mortgage Company Ltd. v. Tolton, 1986 CanLII 4851 (MB QB):

The law as I understand it is that a solicitor is not liable to his client for a mere error of judgment or even ignorance of some aspect of the law, but he is liable if his error or ignorance was such that an ordinarily competent solicitor would not have made or shown it. Furthermore, the obligation of a solicitor to exercise due care in protecting the interest of a client who is a purchaser in a real estate transaction will have been dis charged if he has acted in accordance with the general and approved practice followed by solicitors unless such practice is inconsistent with prudent precautions against a known risk. See Brenner v. Gregory (1973), 30 D.L.R. (3d) 672.

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