Canada: Professional Negligence

The Alberta Court of Appeal has clarified how courts should analyze pure economic loss claims in construction defect cases, distinguishing between negligent supply of defective structures and negligent performance of professional services. This decision establishes that these two categories require separate duty of care analyses and confirms that professionals may face concurrent liability in both contract and tort absent contractual limitations.

What are the critical differences between interviewing children and adults in investigations, and how can investigators adapt their techniques to account for children's unique cognitive and emotional needs? Child forensic interviewing specialist Dayna Boyko shares essential lessons from her 25 years with the Toronto Police Service, revealing how investigators can maximize the accuracy and reliability of information gathered from young witnesses and survivors.

When real estate agents in British Columbia fail to meet their professional obligations, clients who suffer financial losses may have grounds to pursue legal action. Understanding the specific duties owed by realtors, the elements required to prove negligence, and the remedies available can help property buyers and sellers protect their interests and seek appropriate compensation.

Real estate transactions involve critical contractual terms that can significantly impact buyers and sellers. Understanding the distinction between conditions and warranties in an Agreement of Purchase and Sale is essential for protecting your interests and making informed decisions about whether to proceed with a property transaction.

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.

Under rule 56 of the Rules of Civil Procedure, a defendant can seek an order for security of costs against a plaintiff in certain limited circumstances. This is an important rule because it protects a defendant from being required to defend a case for years, only to be denied recovery for their costs if successful at trial.

The Court reversed the application judge’s decision and removed the insurer’s chosen counsel from all subrogated actions after finding that counsel’s dual role—pursuing subrogated claims in the insured’s name...

Explore strategic approaches to procurement and professional liability insurance that can help organizations optimize their risk management practices. Learn how smarter decision-making in these areas can protect your business while improving operational efficiency.

This July 2026 newsletter features insights on insurance audits in oral health, hospital medicine conference highlights, and the critical role of contemporaneous documentation in medical-legal matters. The issue also covers the Medico-Legal Society of Toronto's Potpourri Program and other developments at the intersection of healthcare and law.