Judd Blitt was recently successful in having a claim against a real estate appraiser summarily dismissed. In Kamal Holdings & Ventures Inc v First Calgary Financial Credit Union Ltd, the court ruled that a professional appraiser retained by a lender as part of a foreclosure process did not owe a duty of care to the owner of the foreclosed property by operation of the doctrine of expert witness immunity. This is a clear statement from the Court of Queen’s Bench that professionals retained in the course of litigation (which includes a foreclosure) will not be held civilly liable to the opposing party, even if their opinion may have been negligently given.
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