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Legal Blog:
Aug
01
2006
Boomerang
Unlike any other professionals, lawyers have the ability to resolve fees disputes with their clients without the necessity of bringing the matter to the courts. They can have their accounts assessed. However, an assessment hearing is as equally adversarial as a court hearing, just in a different forum. Further, since it is adversarial, all of the disadvantages of an adversarial process are present. Somerleigh v. Polhill [2006] O.J. No. 1587 (C.A.) gives an example of the consequences.
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01
2006
Ping Pong
It is not often that the Divisional Court and Court of Appeal openly squabble, but it happened in Laredo Construction Inc. v. Sinnadurai (2005), 78 O.R. (3d) 321 (C.A.).
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01
2006
Ingenuity
In past newsletters, we have discussed ingenious defences. Actually many of these defences are more aptly named “grasping for straws” defences. These defences are not just limited to collection actions; they also pop up in bankruptcy proceedings, for example in Royal Bank of Canada v. 1130703 Ontario Ltd., a 2003 decision of the Ontario Superior Court of Justice.
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01
2006
Remarkable
Sometimes, cases are remarkable because of the law that arises from them. Sometimes, they are remarkable because of their unusual facts. An example of the latter is set out in MCAP Service Corp. v. Toronto-Dominion Bank, a 2006 Superior Court of Justice decision.
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