Find Lawyers in Canada for Legal Malpractice Law
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Legal Malpractice Law - Canada
About this Practice AreaBryan Baynham chairs the Condo Pre-Sale Litigation Group as well as the Defamation, Privacy and Media Law Group at Harper Grey. He is also the past chair of our Commercial Litigation Group. Bryan provides advice and acts as counsel with respect to corporate and commercial disputes and all issues relating to aviation, real estate, contract, tort and defamation litigation. He has extensive experience and has represented a number of financial institutions in appellate proceedings. Bryan is consi...
Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada, Michael Bordin has established a reputation for his immediate grasp of complex facts and the problems his clients face, as well as his ability to provide strategic, non-nonsense advice aimed at a timely and cost-effective resolution. Michael combines strong communication, presentation, problem solving and relational skills with sound judgment and analysis to solve his clients' problems and advocate on their beha...
Geoff Cowper, QC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Valerie is a senior member of our Litigation Group and is a highly respected member of the litigation bar. In addition to her extensive experience as trial counsel, she has appeared as appellate counsel before both the Ontario Court of Appeal and the Supreme Court of Canada. With more than 25 years of experience at the Bar, Valerie has demonstrated established expertise in damages analysis, including business loss claims, business and share valuations, and real property valuations. She has ex...
PROFESSIONAL EXPERIENCE: Mr. Halt graduated as the gold medal recipient from the University of Saskatchewan in 1986 and in 1988-89 he had the honour of serving as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada. Following his clerkship, Mr. Halt relocated to Calgary and has since practised civil litigation, including insurance with an emphasis on professional liability, corporate commercial litigation, securities litigation, franchise litigation, insolvency, construc...
A partner since January 2014, Tim's litigation work focuses on complex, technical civil matters. Tim has trial and appellate experience in insurance coverage disputes; solicitor, hospital, dental, and other forms of professional negligence; personal injury; product liability; commercial litigation; constitutional litigation; malicious prosecution and administrative law proceedings. Tim articled at Guild Yule LLP and was called to the BC Bar in 2006 and joined the partnership in 2014. Tim serv...
Bernard Larocque is a partner whose practice focuses primarily on civil litigation, including defamation law, insurance law, professional liability, and administrative disputes. He frequently appears before the courts, including the Supreme Court of Canada and the Quebec Court of Appeal. Mr. Larocque regularly speaks at conferences on various subjects such as insurance law, liability, and civil procedure. He has also been certified as an instructor by the Institut d'assurance de dommage du Qu...
In a career that has spanned more than four decades, Cliff acquired a reputation as an exceptional litigator with a quick sense of humour. He is respected throughout the profession. He is in demand as a mediator and arbitrator by clients who appreciate his extensive experience, business savvy, responsiveness and practical approach to resolving business disputes of all kinds. Chambers Global 2019 lists Cliff amongst Canada’s leading lawyers in Dispute Resolution and most in-demand arbitr...
Jim Lebo finds legal solutions that protect businesses. With his detailed knowledge of the people and the intricacies of the court system, he guides his clients through every step of the litigation process with skill and expertise. Jim handles corporate commercial litigation, appeals, and arbitrations. He has specialized expertise in appeals for complicated regulatory proceedings as well as an interest in constitutional litigation. His clients come to him for help with a range of issues in ma...
Hélène Lefebvre's main practice areas are insurance law and professional liability. She was the chair of our insurance and professional liability team and the leader of our Canadian Insurance international business group for many years. Ms. Lefebvre's insurance practice focuses on professional liability, directors' and officers' liability and general liability insurance. She represents the interests of insurers and their insureds before the courts at all levels. Ms. Lefebvre fre...
André Legrand's practice focuses on insurance law and professional liability. His insurance law practice focuses on general liability insurance, directors' and officers' liability insurance, professional liability insurance, property insurance and cyber insurance. Mr. Legrand's professional liability practice involves representing the interests of directors and officers of corporations. He has acted before all Quebec courts and the Supreme Court of Canada.
Paul's practice includes corporate commercial litigation, securities litigation, class proceedings, professional liability, claims against directors and officers, employment litigation and professional liability and regulation. Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. Certified as a Specialist in Civil Litigation by The Law Society of Upper Canada. Bilingual, argues cases in English and French before all levels of Court as well as trib...
Rod is widely regarded as one of Alberta’s most experienced litigators. For decades, he has successfully represented clients in high exposure disputes at all levels of the Canadian court system. Rod has earned national recognition for his skilled and ingenious representation in criminal and civil litigation, in both private and public law. A talented strategist and tough advocate, he is known for developing imaginative arguments and presenting them persuasively. Throughout his distingui...
Kelly Murray joined Whitelaw Twining in 2017. Prior to joining the firm, Kelly worked for over 17 years with boutique litigation firms in Vancouver and focussed her practice on professional liability claims. Before that she gained early trial experience as an Assistant Crown Attorney in Ontario for four years. She now continues her professional liability practice at Whitelaw Twining defending real estate agents and lawyers against claims made against them in their professional capacity. Kelly...
John Nicholl, B.C.L.1978, LL.B. 1979 (McGill), Ad. E., is a member of the Law Society of Upper Canada and the Barreau du Québec. He was one of the founding partners of a leading insurance boutique which merged with Clyde & Co in 2011. He is based primarily at the firm's Toronto office, but continues to maintain a substantial practice in Montreal as well. John has been named Advocatus Emeritus (Ad. E.) by the Barreau du Québec, which may be compared to the common law Queen's ...
Paul co-founded Pape Chaudhury LLP with Shantona Chaudhury in 2018. Paul has over 45 years of experience as both trial and appellate counsel and has acted in many cases of significance. Paul’s litigation practice focuses on complex commercial, securities,class action, professional negligence, and administrative matters, with special emphasis on appeals in these and other areas. Paul is a senior and leading member of the Ontario Bar. Paul has been described as an “outstanding appel...
Stacy was born and raised in Calgary, Alberta. She was the Managing Partner of JSS Barristers from 2015 to early 2018. She joined JSS Barristers as their first associate over 20 years ago after articling with a major Calgary law firm. Stacy's practice focuses on civil, corporate and commercial litigation, including professional negligence. She also has experience in class actions and insolvency. Stacy has appeared at every level of the Alberta courts and has conducted and assisted with numero...
A founder of our Vancouver office, Bryan Shapiro has been practicing construction law since 1971. A highly regarded construction lawyer in Canada, Bryan acts as legal counsel to all aspects of the construction industry, with an emphasis on construction and insurance contracts. He also acts as an arbitrator and mediator in complex construction disputes. Bryan was appointed Queen’s Counsel in 2005. Bryan is respected by his peers and has been listed in the National Post “Best Lawyer...
Vivian has practiced in the area of Civil Litigation since her admission to the Bar of Alberta in 1990. The main focus of her practice has been in the area of insurance and tort litigation, defending claims relating to professional negligence, property damage and personal injury and in providing coverage advice. She also has experience with product liability, partnership and shareholder disputes and other general commercial litigation matters, as well as regulatory and administrative law proc...
Executive Summary Gavin Tighe is a senior partner with Gardiner Roberts LLP and a member of the firm’s Executive Committee. Mr. Tighe is certified by the Law Society of Upper Canada as a Specialist in Civil Litigation and has appeared as lead counsel at all levels of Canadian Courts including the Supreme Court of Canada. He has significant experience successfully representing clients before securities industry tribunals in both Canada and the United States. Mr. Tighe also acts as counse...
A senior partner in our Commercial Real Estate Group, Sidney has a very broad business and commercial law practice. In addition to his traditional real estate law practice involving the purchase, sale and financing of commercial property, he is consulted regularly by industry, title insurers and lawyers for his expertise and his practical and creative approach to real estate problem solving, trouble shooting, and getting deals done. He also serves as counsel to the Lawyers’ Professional...
James A. Woods , senior partner of the firm, practises in litigation and arbitration and pleads at all levels of federal and provincial courts in Ontario and Québec including the Supreme Court of Canada. Once again, named by Lexpert® 2017 as one of the Leading 500 Lawyers in Canada – Montreal, Corporate and Commercial Litigation. Recognized by the Best Lawyers Directory since 2006 for his expertise in the fields of Bet-the-Company Litigation, Class Action Litigation, Corporat...
Legal Malpractice Law Definition
There is extant litigation making its way through the courts where parties harmed by a lawyer’s tax opinion have sued on a “Hedley v. Byrne” theory where there was no direct retainer with the lawyer. There are other instances where a lawyer may be sued by a plaintiff who has no retainer, but for the vast majority of cases a lawyer will be sued referable to conduct carrying out the terms of a retainer.
“Legal malpractice” occurs when a lawyer conducts herself or himself in a manner referable to the retainer that fails to meet professional standards and such failings cause harm to the client.
A lawyer who fails to meet the accepted standard of practice by failing to exercise the care, skill, and diligence of a prudent member of the legal profession which causes loss to the client will be found to be negligent and in breach of contract and therefore liable to the client.
Since the needs of clients that give rise to legal representation are typically complex, it is necessary to use as an expert witness a lawyer similarly qualified as the lawyer being sued to establish the governing accepted standard of practice.
In the case of lawsuits against litigation lawyers, the entitlement to damages depends upon showing that the client would have succeeded in the underlying case if the lawyer had not breached his or her professional duties. In short, it must be shown that the lawyer’s failings likely resulted in an unfavourable outcome in the underlying action or put another way, a favourable result would have been achieved if the standard of practice was met.
It should also be borne in mind that a lawyer is responsible for the acts or omissions of his or her associates, clerks, and legal assistants.
Legal malpractice claims, as indicated, are typically complex and can be difficult to prosecute. The advice of lawyers skilled in this specialized area of law should be sought at an early stage to determine if a claim has merit and warrants prosecution.
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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