Category Archives: Decisions

Good Character: Can a person change?

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Decision from the Law Society of Upper Canada on Good Character.

Can a person who falls from a place of privilege through his deliberate breach of the public trust be redeemed, or is that person destined to repeat his misdeeds because of an innate character flaw?  Reasonable people may differ in their answer to this question depending on their view of human nature, but our jurisprudence on good character applications starts from the premise than an individual can change for the good, even an individual who has in the past admitted to reprehensible conduct involving breach of the public trust.  If such an individual establishes that, more likely than not, she or he is presently a person of good character, our jurisprudence compels the hearing panel to grant her or his application for a Class L1 licence.

For the full decision, click Good Character – Reasons for Decision – August 19 2011 (2).

News: Judge reproduces submissions as decision

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Ian Mulgrew, Postmedia News · Apr. 15, 2011 | Last Updated: Apr. 15, 2011 4:16 AM ET

VANCOUVER . A new trial has been ordered and a $5-million judgment thrown out after the B.C. Court of Appeal ruled that a judge had plagiarized most of his ruling in a trial involving a brain-damaged baby and a B.C. hospital.

In a decision released Thursday, the appeal court said it is only the fourth time in Canadian history a judge has substantially reproduced all of the submissions of a participating party in a lawsuit as reasons for judgment.

For the full article in the National Post, click HERE.

Jack King reprimanded by Law Society of Manitoba

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From the CBC website:

A Winnipeg lawyer has been given a reprimand after pleading guilty at a disciplinary hearing to all charges against him, including sexual harassment of a client, conflict of interest and failing to act with integrity.

Jack King appeared before the Law Society of Manitoba on Monday to face the charges in connection with attempting to pressure a man, Alexander Chapman, to have sex with his wife, Lori Douglas.

For the full story, click HERE.

Trillium Motor World Inc.

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Trillium Motor World Inc. v. General Motors of Canada Limited, 2011 ONSC 1300

The case involves a law firm (Cassels) that is alleged to have acted for two sides (the Government of Canada as well as the GM dealers) in the rationalization of GM’s operations in Canada. Strathy J certified the class, highlighting the concept of fiduciary duty owed by lawyers to members of the class per the Strother and Galombos cases.

For the decision, click Trillium Motor

Decision: Consulate Ventures (ONCA) – Conflicts

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Consulate Ventures Inc. v. Amico Contracting & Engineering (1992) Inc., 2010 ONCA 788 (CanLII)

From the decision:

OVERVIEW

[1]               Consulate Ventures Inc., the respondent on appeal, brings a motion for an order removing Mr. Alan Lenczner as counsel for the appellants on this appeal.  The respondent contends that Mr. Lenczner, who was retained by the respondent briefly in respect of the same matter some 11 years ago, cannot act for the appellants on this appeal.  Counsel for Mr. Lenczner submits that, in the circumstances, Mr. Lenczner can act on the appeal for the appellants without compromising either his duty of confidentiality to the respondent or his obligations to his present clients, the appellants. 

For the full decision, click here.

Decision: whether solicitors entitled to terminate retainer (UK)

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Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 (23 February 2010)

URL: http://www.bailii.org/ew/cases/EWCA/Civ/2010/122.html

Cite as: [2010] 17 EG 96, [2010] 3 Costs LR 421, [2010] CP Rep 26, [2010] EWCA Civ 122, [2010] 1 WLR 1997, [2010] 9 EG 166] EWCA Civ 122

Lord Justice Dyson:

The principal issues that arise on this appeal are whether (i) the appellant solicitors were entitled to terminate their retainer and (ii) whether they were entitled to their profit costs and disbursements up to the date of termination. Continue reading →