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BARRISTERS AND SOLICITORS - Liability - Missed limitation periods

Thursday, March 21, 2019 @ 8:08 AM  

Lexis Advance® Quicklaw®
Appeal by Singh from the summary dismissal of his claim against his former lawyer. The lawsuit alleged negligence by the respondents for failing to file a statement of claim against the City of Edmonton within the limitation period. The claim was dismissed on the basis the appellant’s action against the City had expired before he retained the respondents. The appellant’s underlying claim against the City was for lost income caused by the City wrongfully revoking his taxi licence in 2010. At the parties’ initial meeting in 2013, the appellant was advised the limitation period had passed but the respondents agreed to negotiate with the City to see if it would offer compensation. The Master and chambers judge found the respondents could not be found negligent for failing to issue a statement of claim that was already out of time.

HELD: Appeal dismissed. Although the chambers judge erred in failing to apply the correctness standard of review to the Master’s decision, the error ultimately made no difference to the outcome of the appeal. The finding that the limitation period had expired before the appellant retained the respondents disclosed no reviewable error. The appellant’s understanding about the limitation period was not a key fact to the claim.

Singh v. Noce, [2019] A.J. No. 156, Alberta Court of Appeal, T.W. Wakeling, R. Khullar and E.A. Hughes JJ.A., February 11, 2019. Digest No. TLD-March182019009