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ARTICLE · 06 JUNE 2023

Another Negligence Claim Against Lawyer Dismissed For Being A Collateral Attack

Gardiner Roberts LLP
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Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision cannot attempt to have it overturned...

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
Gavin Tighe
Gavin Tighe
Kevin Mooibroek (Articling Student)
Kevin Mooibroek (Articling Student)
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Unless a decision is overturned on an appeal, the issues decided therein have been finally determined. In general, a party impacted by a final decision cannot attempt to have it overturned in another proceeding, particularly a negligence action brought against the party's lawyer on the grounds that if the lawyer had done something differently the court in the final decision would have come to a different conclusion. This kind of action is viewed as being a collateral attack on the final decision.

In Regan v. Esterbauer, 2023 ONSC 2905, the plaintiff had been found in contempt of court in a proceeding the Business Development Bank of Canada (the "Bank") had brought against the plaintiff's client, B. The plaintiff was a lawyer.

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