Professional Negligence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses professional negligence.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.


Jackie Byrn was the daughter of a woman who had asked her lawyers to put together an application to end the joint tenancy with her husband in the matrimonial home. Unfortunately, the law firm didn’t do this and instead, when the mother passed away, the home went completely to the husband who then shared it with his four children and Jackie was left out.

Ms. Byrn sued the law firm, claiming that they had engaged in professional negligence by not filing the application soon enough. However, Ms. Byrn didn’t file her claim in time in the Supreme Court and so the law firm was successful in having it struck on the basis of having it time-barred.

The SCC had the opportunity here to ensure that lawyers act quickly to comply with their clients’ instructions and ensure that everyone knows the rules regarding filing applications and the rules of privilege need to coalesce with one another.

Watch the video for more.

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