Malton v. Attia et al. 2013 ABQB 642
Barristers and Solicitors - Courts - Evidence - Torts
The plaintiffs hired the defendant lawyer and his law firm to represent them in their lawsuit against HouseMaster Inspection Service for a deficient house inspection. The plaintiffs were partially successful. The plaintiffs made a complaint to the Law Society of Alberta with respect to the defendant’s management of the HouseMaster action. In June 2008, the plaintiffs sued the defendant. After the trial ended, the defendant requested that the court address one issue before the parties would argue the whole case. At issue was whether it was fatal to a plaintiff’s action in negligence against a lawyer, if the plaintiff failed to call the evidence of an expert lawyer as to standard of care.
The Alberta Court of Queen’s Bench determined the issues.