The lawyer who represented a Prince George businessman during part of a long-running legal battle with Canada Revenue Agency is denying his former client's claim he failed to do his job properly.
Both leading up to the trial and during the hearing, his conduct was "in accordance with the standard of care required of a reasonable barrister and solicitor," Lawrence Armstrong said in a response filed last week in B.C. Supreme Court to a civil claim from Irvin Leroux.
Armstrong was Leroux's lawyer at a 12-day trial held in late 2013 over whether the CRA was to blame for the failure of his business, an RV park near Valemount.
B.C. Supreme Court Justice Elizabeth Humphries found the CRA breached the expected standard of care in its assessment of penalties for alleged income tax violations.
But she also found Leroux failed to show a link between the negligence and the loss of his business and home. Consequently, no damages were awarded to Leroux.
Leroux filed his notice of claim against Armstrong a year ago, but it was not served until recently.
The claim presents a long list of witnesses Leroux says Armstrong should have called and evidence he should have presented and accuses him of "legal malpractice."
The Canadian Constitutional Foundation, which helped defray Leroux's legal costs on the matter, is not named as a defendant in the claim.
Leroux is representing himself and Armstrong has a lawyer.
None of the allegations have yet been tested in court.
