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Contingency Fees in Ontario

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...

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A Trustee Is Not Entitled To Use Trust Property For His Own Benefit

 Justice Strathy of the Superior Court of Justice ordered that Mr. Zimmerman repay nearly $500,000 in compensation he took as an attorney for property (FN1).  The judge also ordered that he personally...

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Court Ordered Withdrawal of Notice of Objection

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...

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Distribution of estate by an Estate Trustee During Litigation

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...

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