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Category Archives: Lawyers
Two-tier test for conflicts?
Justice Ian Nordheimer, sitting as a single judge of the Divisional Court, recently granted leave to appeal from a decision of Justice Alfred J. O’Marra. The latter had declared that the boutique law firm Lloyd Burns McInnis LLP (“LBM”) could continue as … Continue reading
Posted in Commercial Litigation, Lawyers, Practice and Procedure, Practice of Law
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Stepping From Behind the Curtain…
Long-time readers will have noticed a few changes on this site. It has been renamed, “Cavillations”. And, after many years of publishing a blog in the name of his firm, Steve Cavanagh will now be posting in the first person … Continue reading
Posted in Lawyers
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Pro Bono Lawyer Brings U.S. Foreclosure Wave to Grinding Halt
We saw a fascinating story in today’s New York Times, about Thomas A. Cox, a retired lawyer whose zealous representation of a pro bono client exposed serious and widespread improprieties in the avalanche of mortgage foreclosures now going on in … Continue reading
Posted in Lawyers, Practice and Procedure
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“Minimal Financial Risk” to Law Firm in Prosecuting AB Claim in Catastrophic Case, So Substantial Fee Premium Not Appropriate
In Adler v. State Farm Automobile Insurance Company, Madam Justice Nancy Spies dealt with an application by the law firm of Aylesworth LLP for court approval of lawyer-client fees and disbursements, to be paid out of the proceeds of the settlement … Continue reading
Posted in Auto, Costs, Insurance News, Lawyers
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Court Approves Contingency Fee of $4.2 Million in Birth Injury Case
UPDATE: CanLII now has an active link to the reasons in this case. You can access it here. Accordingly, we have removed the PDF link that formerly appeared as part of this post. Mr. Justice Robert Smith has released a significant decision … Continue reading
Important Decision from S.C.C. on Fiduciary Duties Owed by Solicitors
Today, the Supreme Court of Canada released a much-anticipated decision in Davis & Co. v. Monarch Entertainment Corporation. The case is of particular interest to lawyers practising in the field of commercial law because it has clarified the obligations owed … Continue reading
Posted in Commercial Litigation, Lawyers, Professional Liability
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Solicitor for LTD Claimant Personally Liable for Costs of Third Party Proceedings Against Insurer’s Employees
In a ruling that is certain to send a chill through the plaintiffs’ bar, Madam Justice Anne Molloy has ordered a solicitor who was representing a disability insurance claimant to pay costs of an abortive third party proceeding against the … Continue reading
Posted in Costs, Insurance News, Lawyers
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C.A. Disallows Law Firm’s $60,000 Premium for Result “Beyond Wildest Expectation”
Last April, we began a post by remarking that “The law firm of Kramer Henderson had a very good day today.” Mr. Justice John Belleghem had allowed an appeal from a decision of an assessment office and had allowed a … Continue reading
Posted in Insurance News, Lawyers
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Judge Criticizes Loose Practices Afflicting Court Approval of Settlements
In Marcoccia v. Gill, Mr. Justice John C. Wilkins has criticized, in rather strong language, various practices that have grown up around court approval under Rule 7.08, of settlements of claims by persons under legal disabilities. (These are what were … Continue reading
Court Says Plaintiff in AB Claim Can’t Add Insurer’s Lawyers as Defendants
Representing insurance companies is getting more hazardous all the time. In Succar v. Wawanesa Mutual Insurance Company, the plaintiff had sued Wawanesa for statutory accident benefits arising out of an MVA that occurred on January 1, 1994. Wawanesa had stopped … Continue reading
Posted in Auto, Insurance News, Lawyers
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