The issue before the Court of Appeal was whether clients, have represented to a court for the purpose of fixing the costs of an injunction application that the accounts rendered by its former solicitors were reasonable, can later apply to another court for an order permitting assessment (i.e. a formal review) of those accounts. ….
Assessing a Lawyer’s Accounts Continue Reading »
Estate LitigationStarting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000. While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly set out the relationship between clients and lawyers and to protect the public interest. I have highlighted seven new rules….
Ethics and Lawyers Continue Reading »
Estate PlanningToday’s blog is written by Gillian Fournie, an associate at de VRIES LITIGATION. The recent Ontario Superior Court decision of Lamoureux v Lamoureux illustrates the care with which clients and counsel must take when submitting evidence to court. Without proper forethought, a party may unintentionally waive solicitor-client privilege. André Lamoureux brought an action against Charles Lamoureux in 2007 (unfortunately, the recent decision does not explain what the originating action was….
Be Careful What You Wish For – You Just Might Waive Solicitor-Client Privilege Continue Reading »
Estate PlanningGail Evans died intestate on July 30, 1992. She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton. Carlton was the administrator (i.e. estate trustee) of Gail’s estate. The parties agreed Carlton was entitled to a preferential share of $75,000 and one third of the residue of Gail’s property. Richard and Donald were also each entitled to one third of….
What’s My Share? Continue Reading »
Estate PlanningIn two cases decided in 2010, the Court considered whether it was appropriate for an attorney for property to pay herself for care services provided to an aging parent….
Love in the Age of Expectation Continue Reading »
Capacity Law, Elder Care, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of AttorneyIn McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.
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Ontario Court of Appeal Considers When is a Gift Not a Gift Continue Reading »
Estate Litigation, Succession Planning, Wills