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ARTICLE · 18 AUGUST 2026

Behemoth B.C. Case Delivers A Blizzard Of Professional Negligence Findings

Gardiner Roberts LLP
Gardiner Roberts LLP
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A British Columbia Supreme Court case examines how a seemingly minor pleading error in a $30 million settlement led to a decade-long legal battle, resulting in findings of professional negligence, breach of fiduciary duty, and breach of contract against the lawyer responsible. The court's analysis explores the boundaries of lawyer liability, client responsibility, and the duty of candor when mistakes occur in high-stakes commercial litigation.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
Delila Bikic
Delila Bikic
Isabel Yoo
Isabel Yoo
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In Blizzard Uranium Corp. v Nathanson, Schachter & Thompson LLP, 2026 BCSC 466, the Supreme Court of British Columbia found a lawyer liable for negligence, breach of fiduciary duty, and breach of contract arising from a pleading error in a complex commercial litigation matter.

The court described the error as “perhaps one step up from a typographical error”. However, this error led to a hard-fought proceeding that spanned over 10 years, consumed 44 days of trial, and produced over 900 pages of legal argument.

Background & the Pleading Error

When British Columbia banned uranium exploration in 2008, a mineral exploration company, Boss Power Corp. (Boss), which owned a large uranium deposit, sued the province for expropriation of their interests. On the eve of trial, the parties struck a $30 million settlement requiring Boss to surrender its uranium claims and mining rights.

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