ON THE MEASURE OF DAMAGES IN SOLICITOR’S NEGLIGENCE CASES

Abstract

It is sometimes assumed that, once a plaintiff meets the “but for” causation test in a negligence claim against a defendant, damages are at large, that the plaintiff may claim any damages suffered as a result of the defendant’s breach of duty. A trilogy of decisions of the Ontario Court of Appeal show, in the context of solicitor’s negligence, that this is not the case. The court will rely on various policy considerations to limit damages. The damages awards in the trilogy are different, but the cases are doctrinally consistent. Different fact situations give rise to different damages awards.