BCCA overturns trial decision finding solicitor negligent in negotiating agreement and providing advice
Case Digest Connection

The BC Court of Appeal in Sports Pool Distributors Inc. v. Dangerfield, 2009 BCCA 483, allowed an appeal against a ruling that a solicitor was negligent in negotiating a financing agreement and advising his client. The Court of Appeal distinguished between being retained to structure an agreement and being retained to negotiate the terms of an agreement that would structure a transaction discussed before the solicitor’s involvement. In addition, the court held that because the client did not read drafts and correspondence containing the solicitor’s inadequate advice, causation was not proven.

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