Wednesday, July 7, 2010

Lawyer's duty to client alone

Di Biase v. The Toronto Dominion Bank, 2010 ONCA 482 makes clear that, subject to the lawyer taking on a specific duty to the other side or intentionally misleading the court, a lawyer’s duty is to their client alone.  The Court writes:

 

[3]              There was no basis for any claim against SNF [a law firm]. At all times, SNF was acting for TD and its actions would be the responsibility of TD.  The appellant Mikhail has no legal standing to advance a claim in either action.  The appellant Di Biase’s claims could and should have been made in the enforcement proceedings commenced by TD.

 

 

 

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