Legal Blog

Retainer Disputed

Meehan v. Good 2017 Ont CA

Lawyer retained to assess account of another lawyer; lawyer not retained to advise client regarding commencement of a legal action against other lawyer for negligence; lawyer advised to client to seek legal advice elsewhere regarding negligence claim. Motions judge did not make a finding of fact as to whether lawyer had advised client of the appropriate limitation period. Court of Appeal stated that a written retainer is important to define the relationship between lawyer and client; however, if the client alleges that the lawyer’s duty of care arises out of and extends beyond the retainer, the court must examine all relevant surrounding circumstances, including the form and nature of the client’s instructions and the client’s sophistication, to determine whether a duty is owed beyond the 4 corners of the retainer. Court determined that there was a genuine issue for trial.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.