Is it appropriate for a court order to permit an Estate Trustee During Litigation (“ETDL”) to distribute the Estate? Possibly. The statutory authority to appoint the ETDL is found in Section 28 of the Estates Act, which provides that an ETDL has all the rights and powers of a general administrator, other than the right […]
Clients are sometimes understandably frustrated when the cost of defending a bogus claim is greater than settling. I want to share a story about one case where an aggressively creative motion addressed this concern. In this unreported case, the Applicant filed a Notice of Objection and commenced proceedings seeking support under Part V of the […]
The Zimmerman v. McMichael Estate 2010 CarswellOnt 3481, 2010 ONSC 2947, 57 E.T.R. (3d) 101, 103 O.R. (3d) 25 is instructive for those reviewing the Ontario law regarding the duty of an attorney for property to account, the extent of that fiduciary duty and the consequences for failing to account.
Every week clients approach me to take their case on a contingency fee basis. I most often decline; let me tell you why. To begin with, let’s define our terms. A contingency fee is when the lawyer is paid if and only if the plaintiff wins or there is a settlement. If the client doesn’t get any money then the […]