Client not to be prejudiced by neglect of solicitor

Absent prejudice caused by delay, the errors of a solicitor will seldom be visited on a client. Thus, where a solicitor fails to move promptly and delay results the client can, to a degree, avoid the consequences of the delay by 'blaming' the lawyer.



Today's decision in HC Matcon Inc. v. Aspden Developments Inc., 2008 ONCA 776 extending the time to perfect an appeal is a good illustration. The Court held:





[2] While there has been a substantial delay in perfecting the appeal, none of the delay is directly attributable to the appellant. The great majority of the delay resulted from the failure of the appellant's previous solicitor to take the steps necessary to pursue the appeal in accordance with the Rules.



[3] I accept that the appellant has had a bona fide intention to proceed with the appeal throughout. In his affidavit, the president of the appellant testified that he instructed his previous solicitor to proceed with the appeal in a timely manner. He did not instruct the solicitor to delay ordering the transcript of the trial, nor was he aware until very recently that the solicitor had not ordered the transcript for several months after filing the notice of appeal.



[4] The respondent did not file an affidavit alleging specific prejudice caused by the delay.