He noted the judgment «creates potentially
indeterminate liability for lawyers.»
Where the facts are not so neatly drawn, it is arguable that damages that ultimately inure to creditors, despite an action by a special receiver, may raise the spectre of
indeterminate liability nonetheless.
The Court had little difficulty finding, in respect to the second sub-issue, that there was no serious concern about
indeterminate liability, relying on the well - established legal principle that
indeterminate liability will not be a concern where the auditor knows the identity of the plaintiff and where the defendant's statements are used for the specific purpose for which they were made.
Fourthly, in rejecting the appellant's argument that upholding the trial decision could lead to
indeterminate liability, the Supreme Court implicitly capped the damages that can flow from a single audit opinion at one year — given that statutory audits must occur annually.
[34] The view that a recognizable psychiatric illness requirement is necessary to prevent
indeterminate liability, advanced before us by the respondents and the Insurance Bureau of Canada, is similarly untenable...