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Client Duties

York Condo No. 890 v. Hendler 2017 Ont SCJ

A law firm moved to assess its legal fees against a condominium. The condominium then brought an action framed in negligence alleging faulty advice. In effect, the action was a setoff claim against law firm’s’ fees. The law firm represented itself in the action and brought a summary judgment motion. The lawyer in charge sworn an affidavit in that motion. The condominium then moved to remove the law firm as lawyers of record in the condominium’s action against the law firm. The judge noted that the law firm could represent itself, just as any other entity can represent itself; the actual lawyer would simply have to put on street clothes rather than a barrister’s gown. However, the judge felt that this would not be necessary. He held that this was merely a dispute over fees and that this type of relationship between a testifying lawyer and the law firm client does not jeopardise the fairness of the proceedings. There is nothing particularly unjust about a law firm defending its own economic interest.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.