MacDonald v. Wedderburn, (1999) 175 N.S.R.(2d) 89 (SC)

• Judge: MacAdam, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 05, 1999
• Jurisdiction: Nova Scotia
• Citations: (1999), 175 N.S.R.(2d) 89 (SC)

MacDonald v. Wedderburn (1999), 175 N.S.R.(2d) 89 (SC);

    534 A.P.R. 89

MLB headnote and full text

Temp. Cite: [1999] N.S.R.(2d) TBEd. MR.019

Fraser R. MacDonald (plaintiff) v. Hobartson A.J. Wedderburn (defendants)

(S.H. No. 101019)

Indexed As: MacDonald v. Wedderburn

Nova Scotia Supreme Court

MacAdam, J.

February 5, 1999.

Summary:

The plaintiff sued the defendant lawyer, alleging that he was liable for professional negligence or breach of contract in the manner he handled a share purchase agree­ment made by the plaintiff.

The Nova Scotia Supreme Court held that the plaintiff and the lawyer were equally responsible for the plaintiff's loss.

Barristers and Solicitors - Topic 2599.3

Negligence - Particular negligent acts - Re purchase of business by client - The plaintiff made arrangements to purchase shares in an automobile dealership in two stages - Before the transfer of shares was completed, the automobile manufacturer discontinued the franchise for lack of notice of an earlier share transfer - The plaintiff sued his lawyer, alleging that he was liable for professional negligence or breach of contract in failing to review the dealership agreement and telling him of the notice requirements - The Nova Scotia Supreme Court held that the lawyer failed to meet the standard of care in failing to review the dealership agreement, but the plaintiff was equally at fault because he ignored the advice of his accountant to notify the manufacturer of his purchase of the shares.

Barristers and Solicitors - Topic 2909

Negligence - Defences - Contributory negligence - [See Barristers and Solici­tors - Topic 2599.3 ].

Cases Noticed:

Banks v. Reid (1974), 53 D.L.R.(3d) 27 (Ont. H.C.), refd to. [para. 22].

Central Trust Co. v. Rafuse and Cordon (1986), 69 N.R. 321; 75 N.S.R.(2d) 109; 186 A.P.R. 109 (S.C.C.), refd to. [para. 23].

Messineo v. Beale (1976), 71 D.L.R.(3d) 31 (Ont. H.C.), refd to. [para. 26].

Caisse Populaire d'Inkerman Ltée v. Doiron (1985), 61 N.B.R.(2d) 123; 158 A.P.R. 123; 17 D.L.R.(4th) 660 (C.A.), refd to. [para. 33].

Finance America Realty Ltd. v. Speed & Speed (1979), 38 N.S.R.(2d) 374; 69 A.P.R. 374 (C.A.), refd to. [para. 33].

Bowles v. Johnston, Oliphant, Van Buekenhout & Deans, [1988] 4 W.W.R. 242; 53 Man.R.(2d) 81 (Q.B.), refd to [para. 41].

Authors and Works Noticed:

Great Britain, Law Commission, Report on Contribution (1977), No. 79, p. 673 [para. 33].

Counsel:

Peter W. Kidston, for the plaintiff;

H.E. Wrathall, Q.C., and David A. Graves, for the defendant.

This action was heard on February 3, 4, and 5, 1999, at Halifax, Nova Scotia, before MacAdam, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on February 5, 1999, with written release on March 9, 1999.