In what circumstances will a solicitor be in a relationship with an opposing party?
British Columbia, Canada
The following excerpt is from Lefebvre v. Gardiner, 1988 CanLII 2869 (BC SC):
In Tracy v. Atkins the Chief Justice said (p. 227): "Not in every case will a solicitor be in [such] a relationship … with an opposing party …" and further (pp. 227-28): … [when] he placed himself in the position of dealing with the plaintiffs' interests at a time when he knew or ought to have known that the plaintiffs were or might be relying on him to protect those interests … A duty of care arose.
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