CIVIL PROCEDURE - Pleadings - Amendment of - Striking out pleadings or allegations – Moot issues

Law360 Canada ( October 5, 2026, 9:36 AM EDT) -- Appeal by lawyer, Anjos, from an order declining to strike Jones’ negligence claim against her and granting him leave to amend his pleadings. Anjos represented Davidson in estate litigation against Jones, who was represented by his own lawyer throughout. After Jones successfully obtained administration of his father’s estate and an order requiring Davidson to transfer estate property to him, a flood occurred before title was transferred. Jones alleged that Anjos owed him a duty of care concerning the timely transfer of the property, insurance matters and remediation of the flood damage. The chambers judge found the negligence pleadings deficient but potentially capable of amendment. On appeal, Anjos argued that the claim was bound to fail because no sufficient proximity existed between an opposing lawyer and a represented non-client, her alleged conduct arose from her retainer with Davidson, and policy considerations militated against recognizing the novel duty. Jones argued that a lawyer could owe a duty to a non-client and that the circumstances could support such a claim if properly pleaded....
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