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ARTICLE · 28 JULY 2021

Lawyer Liable For Defaming Daughter Of Former Client

Gardiner Roberts LLP
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A recent decision of the Ontario Superior Court of Justice demonstrates that correspondence written by a lawyer may give rise to a claim for defamation if it is found to be motivated by malice...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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A recent decision of the Ontario Superior Court of Justice demonstrates that correspondence written by a lawyer may give rise to a claim for defamation if it is found to be motivated by malice rather than by a genuine concern for protecting a client's interests.

In Kuehl v. Ross, 2021 ONSC 4251 (CanLII), the plaintiffs were the estate of a former client (Budd) of the defendant lawyer, as well as Budd's children Nancy and David in their personal capacities. Budd's wife Leah—who was still alive but suffering from advanced dementia—was not a party to the litigation.

Essentially, the plaintiffs alleged that the lawyer was liable for negligence and breach of fiduciary duty surrounding the preparation of Budd's will and other matters during the lawyer's brief representation of Budd's estate. After a lengthy trial, the Ontario Superior Court of Justice found that the plaintiffs had failed to establish any negligence or breach of duty by the lawyer.

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