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 | Leave a comment

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

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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 | 1 Comment

“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 | 1 Comment

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

Posted in Costs, Lawyers | 1 Comment

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 | Leave a comment

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

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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 | Leave a comment

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

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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 | Leave a comment