A lawyer represented John Smith, who was charged with assault with a weapon, in a parking lot outside of a bar. There was only one witness, who told the police that he saw John Smith smash the victim over the head with a beer bottle, causing the victim to collapse. The victim had a concussion and could not recall the event.

The lawyer met with John Smith before trial and told him that he had made a deal with the Crown Attorney. If John Smith agreed to plead guilty, the Crown would reduce the charge to simple assault and he would get a $500 fine as his first offence.

John Smith accepted the deal, pleaded guilty, and paid the fine.

Three months later, John Smith discovered that the witness had permanently left for Australia one day after the assault and that the witness could not have testified at trial. Had the lawyer asked sufficient questions of the police, the lawyer would have known this.

John Smith would not have pleaded guilty had the truth been told to him. The charges would have been dismissed.

Should John Smith be entitled to damages against his lawyer for the $500 for the fine, and possibly more damages?