Miao v. Bhatia 2022 Ont SCJ
Purchaser retained a lawyer to get him out of a real estate deal. The lawyer tried, but failed, and the deal did not close. The vendor sued and the purchaser, through another lawyer, ultimately settled for $135,000. The judge held that the lawyer never guaranteed success in his negotiations and that he warned the purchaser that his chances of success were low. Further, the lawyer had notes to prove what he had advised. The judge held that the purchaser never had a guarantee of success if he did not close and should have closed. Further, even if the lawyer were negligent, ultimately the purchaser paid less in damages for not closing than he would have paid had he closed.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.